AGENDA Regular Meeting of the Sawmills Town Council Sawmills Town Hall Tuesday, March 18, 2025 6:00 pm 1. Call To Order Mayor Keith Warren 2. Invocation 3. Pledge of Allegiance Mayor Keith Warren 4. Adopt Agenda Mayor Keith Warren 5. Approve Meeting Minutes A. February 18, 2025 Regular Meeting Minutes Mayor Keith Warren 6. Public Comment 7. Public Hearing: Text Amendment A. Open Public Hearing Mayor Keith Warren B. Staff CommenyRecommendition: Planner Dustin Millsaps C. Public Comment Mayor Keith Warren D. Close Public Hearing Mayor Keith Warren E. Council Action Mayor Keith Warren 8. Recognitions: A. Recycle Rewards Mayor Keith Warren 9. Discussion: A. Straw Vote for Mill Drive Improvement Project Mayor Keith Warren B. Ordinance To Demolish 4126 Shoun Drive Mayor Keith Warren 10. Public Comment 11. Updates: A. Code Enforcement Report Mayor Keith Warren B. Manager Updates Town Manager Chase Winebarger C. Council Comment Mayor Keith Warren 12. Closed Session: N.C.G.S. $143-318.11(a)03) Mayor Keith Warren 13. Adjourn Mayor Keith Warren February 18, 2025 Page 1 of6 TUESDAY, FEBRUARY 18, 2025 TOWN OF SAWMILLS REGULAR COUNCIL MEETING 6:00PM COUNCIL PRESENT STAFF PRESENT Mayor Keith Warren Chase Winebarger Clay Wilson Julie A Good Bobby Mosteller Terry Taylor Melissa Curtis Kelly Melton Joe Wesson Dustin Millsaps CALL TO ORDER: Mayor Keith Warren called the meeting to order at approximately 6:00pm. INVOCATION: Pastor Danny Wright gave the invocation. PLEDGE OF ALLEGIANCE: Harrison Ford led the Pledge of Allegiance. ADOPT AGENDA: Mayor Keith Warren asked for a motion to adopt the February 18, 2025 Agenda. Melissa Curtis made a motion, and Bobby Mosteller seconded, to adopt the February 18, 2025 Agenda. All were in favor. APPROVE JANUARY 21, 2025 REGULAR MEETING MINUTES: Mayor Keith Warren asked for a motion to approve the January 21, 2025 regular meeting minutes. Bobby Mosteller made a motion, and Melissa Curtis seconded, to approve the January 21, 2025 regular meeting minutes. All were in favor. APPROVE JANUARY 21, 2025 CLOSED SESSION MEETING MINUTES: Mayor Keith Warren asked for a motion to approve the January 21, 2025 closed session meeting minutes. Joe Wesson made a motion, and Melissa Curtis seconded, to approve the January 21, 2025 closed session meeting minutes. All were in favor. APPROVE FEBRUARY 4, 2025 BUDGET RETREAT MEETING MINUTES: Mayor February 18, 2025 Page 2 of6 Keith Warren asked for a motion to approve the February 4, 2025 budget retreat meeting minutes. Melissa Curtis made a motion, and Bobby Mosteller seconded, to approve the February 4, 2025 budget retreat meeting minutes. All were in favor. PUBLIC COMMENT: Mayor Keith Warren asked ifanyone had any questions or comments at this time. Tony Potter wanted to speak regarding his property at 4463 Rual Drive. Mr. Potter stated, "I know the house is in disarray and needs to be fixed." Mr. Potter stated that he has had health issues, but will make every effort to repair the property if staff will work with him. Darryl Potter wanted to speak about the property located at 4463 Rual Drive. Mr. Potter stated that the house is in three (3) different children and three (3) grandchildren's names, and he has spoken with all parties and he has been given permission to oversee the cleanup of 4463 Rual Drive. Mr. Potter stated that he will be in touch with town staff to see what needs to be done. RECOGNITIONS: FEBRUARY RECYCLE REWARDS WINNER: Mayor Keith Warren announced Pamela Eckard as the February Recycle Rewards Winner. A credit of forty dollars ($40.00) will be added to the current sanitation bill. No Council action was required. FINANCE: SOUTH CALDWELL HIGH SCHOOL FUNDING REQUEST: Mayor Keith Warren stated that the South Caldwell High School Archery Team has requested a donation for the purchase of new archery equipment. Melissa Curtis made a motion, and Bobby Mosteller seconded, to make a donation in the amount oft two hundred dollars ($200.00) to the South Caldwell High School Archery Team. All were in favor. HELENE DISASTER RESPONSE AND RECOVERY GRANT PROJECT ORDINANCE: Finance Director Kelly Melton stated that through its Public Assistance (PA) Program, FEMA provides federal grant assistance for debris removal, emergency protective measures, and the restoration of disaster-damaged, publicly owned facilities. Most funding under the program is administered using a reimbursement model. The Town of Sawmills is seeking assistance under the following categories: CAT A-Debris Removal February 18, 2025 Page 3 of6 CAT B-Emergency Protective Measures CAT D-Water Control CAT G-Parks and Recreation CATZ-Management Costs Council will need to approve the Grant Project Ordinance for staff to receive funds in the amount of three million one hundred twenty-five thousand dollars $3,125,000.00). The Grant Project Ordinance will be updated as needed and presented to Council for approval. Clay Wilson made a motion, and Joe Wesson seconded, to approve the Grant Project Ordinance in the amount of three million one hundred twenty-five thousand dollars $3,125,000.00). All were in favor. DISCUSSION: SAWMILLS ELEMENTARY SCHOOL FUNDRAISER PESENTATION: Sawmills Elementary School Principal Dawn DeMauro stated that the Sawmills Elementary School playground needs to be repaired and new playground equipment purchased. Ms. DeMauro stated that the North Carolina school system does not provide the schools with funds in the budget to purchase such equipment. Ms. DeMauro stated that Ms. Trivett's third (3rd) grade class made a presentation to go with an online fundraiser that the school will be starting in March and will last for one (1) month. Ms. DeMauro shared the presentation with Council. No Council action was required. ACCESSIBLE PARKS GRANT FUNDING: Town Manager Chase Winebarger stated that the prior amount approved for the Accessible Parks Grant was in July 2024. Since then, the costs of the pour-in-place surfacing and concrete have increased. The staff! has also opted to add an additional 85x20 area at the front of the playground to allow for more direct accessibility from the walking trail, along with a five percent (5%) contingency. This will bring the total cost ofthe project to roughly three hundred twenty-seven thousand four- hundred eighteen dollars ($327,418.00), bringing the town's twenty percent (20%) matching contribution up to sixty-two thousand four hundred ($62,400.00). The initial town contribution was forty thousand ($40,000.00). The grant project would be completed in FY 25-26 if awarded. Clay Wilson made a motion, and Bobby Mosteller seconded, to approve the Accessible Parks Grant funding in the amount of sixty-two thousand four hundred dollars ($62,400.00). All were in favor. PLANNING: CALL FOR PUBLIC HEARING: TEXT AMENDEMENT FOR TOWN OF SAWMILLS CODE OF ORDINANCE CHAPTER 151: PLANNING: Planning Director Dustin Millsaps stated that The Town of Sawmills has recently expanded its planning February 18, 2025 Page 4 of 6 capabilities by introducing a full-time Planning and GIS Director position. As part of this enhancement, a comprehensive review of our ordinances was initiated to ensure more clarity, consistency, and accuracy, while also refining the language, addressing any inconsistencies, and incorporating necessary updates. The first phase ofthis review will concentrate on the town's! planning chapter ofthe ordinance, Chapter 151: Planning. Ifthis proposed chapter is eventually adopted, then we will move onto the other chapters or phases of this review process involving planning (zoning, subdivision, etc.). Clay Wilson made a motion, and Joe Wesson seconded, to call for a public hearing for Text Amendment for Town of Sawmills Code ofOrdinance Chapter 151: Planning at the regularly scheduled March 18, 2025 Council meeting. All were in favor. ADOPT THE UNIFOUR REGIONAL HAZARD MITIGATION PLAN UPDATE 2024 RESOLUTION: Planning Director Dustin Millsaps stated that as part of the state'si initiative to maintain up-to-date regional hazard mitigation plans, it is time to update the Town of Sawmills' contingency procedures forthe Town' sl hazard mitigation plan. The state both funds and provides this plan to help regional areas prepare for natural disasters more effectively. Our updated plan is being developed on a regional basis, following the boundaries of the Western Piedmont Council of Governments. Which will cover Alexander, Burke, Caldwell, and Catawba Counties, along with all the municipalities within them. This plan will ensure that the Town ofSawmills complies with all required hazard mitigation processes. Melissa Curtis made a motion, and Clay Wilson seconded, to adopt the Resolution for the Unifour Regional Hazard Mitigation Plan Update 2024. All were in favor. PLANNING BOARD MEMBERSHIP: Planning Director Dustin Millsaps stated that he Town of Sawmills over the past year has experienced a large change in the Planning Board Membership. With the death of our Planning Board Chairman Steve Duncan, members moving residences, other members deciding to step down, or just no communication. The Planning Board is now to have six (6) regular members and two (2) alternates. One (1) ofthe regular members is to be from the Extraterritorial Jurisdiction (ETJ), as well as one (1) of the alternate members shall be from the ETJ. The Planning Board is currently made up ofthe regular members: Adam Wilson (needs to be reappointed) (ETJ), David Powell, and Kelly Price. The Planning Board will need to appoint two (2) regular members and a ETJ alternate. Clay Wilson made ai motion, and Joe Wesson seconded, to reappoint Adam Wilson for a three (3) year term, appoint J. Lynn Crump and Jimmy Baldwin to the Town of Sawmills Planning Board as regular members for an initial one (1) year terms and appoint Jeffery Plummer as an alternate Planning Board Member for the ETJ for an initial one (1) year term. All were in favor. February 18, 2025 Page 5 of 6 PUBLIC COMMENT: Mayor Keith Warren asked ifa anyone had any questions or comments at this time. No one wished to speak. UPDATES: FEBRUARY CODE ENFORCEMENT REPORT: Town Code Enforcement Officer Curt Willis stated that there are two (2) code enforcement cases that are open. No Council action was required. ORDINANCE DIRECTING TOWN OFFICIALS TO DEMOLISH THE PROPERTY HEREIN DESCRIBED AS AN IMMINENT DANGER TO THE PUBLIC AND DIRECTING THAT A NOTICE BE PLACED THEREON THAT THE SAME MAY NOT BE OCCUPIED: Mayor Keith Warren stated that Town Code Enforcement Officer Curt Willis has served the Owner(s) of4 4463 Rual Drive regarding the minimum housing complaints. Mayor Keith Warren stated that Town Code Enforcement Officer Curt Willis has drafted an Ordinance Directing Town Officials to Vacate and Close 4463 Rual Drive As An Imminent Danger To The Public And Directing That A Notice Be Placed Thereon That The Same May Not Be Occupied. Clay Wilson made a motion, and Joe Wesson seconded, to approve the Ordinance Directing Town Officials to Vacate and Close 4463 Rual Drive As An Imminent Danger To The Public And Directing That A Notice Be Placed Thereon That The Same May Not Be Occupied as written, and staff to meet with the owners of 4463 Rual Drive to set a specific date for which repairs should be made and if repairs are not completed by the agreed upon date, that the Town of Sawmills will move forward with the abatement process. All were in favor. TOWN MANAGER UPDATES: Town Manager Chase Winebarger had the following updates: Town Manager Chase Winebarger stated that the staff has not will not beginning on any of the Helene related projects until FEMA approves reimbursement for all the projects that have been discussed. Town Manager Chase Winebarger stated that once REMA approves reimbursement, then the projects and clean up will begin. Town Manager Chase Winebarger stated that staff was still getting estimates on the tree removal at Veterans Park, but the estimates were coming in astronomical. Town Manager Chase Winebarger stated that Mueller had a contract company in the Town fixing the plunger issue on the water meters. Town Manager Chase Winebarger stated that if there were any problems to call Town Hall. Town Manager Chase Winebarger stated that staff is working on getting amounts needed for the budget. February 18, 2025 Page 6of6 6 Town Manager Chase Winebarger stated that staff has not had a lot of complaints regarding the property revaluation from the Caldwell County Tax Office. Town Manager Chase Winebarger stated that staff will be on a two (2) hour delay on February 19, 2025, because of the prediction of inclement weather. Town Manager Chase Winebarger stated that the weather will be assed during those two (2) hours and a decision will be made for the remainder of the day and for Thursday, February 20, 2025. COUNCIL COMMENTS: Melissa Curtis wanted to thank everyone for coming to the meeting. Bobby Mosteller wanted to thank everyone for coming to the meeting. Joe Wesson wanted to thank everyone for coming to the meeting and appreciates all that the Town ofSawmills staff does for the Town. Mayor Keith Warren wanted to thank everyone for coming to the meeting. Mayor Keith Warren wanted to inform everyone that the Sawmills Café building was sold to a Mr. Thorne, who is going open a sandwich and soup shop that he hopes to be open by May, Tuesday through Friday from 10:00am-6:00pm. COUNCIL ADJOURN: Mayor Keith Warren asked for a motion to adjourn. Clay Wilson made a motion, and Bobby Mosteller seconded, to adjourn the meeting. All were in favor. The meeting was adjourned at approximately 7:01pm. Keith Warren, Mayor Julie A. Good, Town Clerk MAYOR TOWN Keith Warren COUNCIL Town Manager Melissa Curtis, Mayor Pro-Tem Chase Winebarger Clay Wilson Rebecca Johnson Joe Wesson Stamsls Bobby Mosteller AGENDA ITEM 7A TOWN COUNCIL March 18th, 2025 at 6:00 PM STAFF REPORT Attachments A. CHAPTER 151: PLANNING Background The Town of Sawmills has recently expanded its planning capabilities by introducing a full- time Planning and GIS Director position. As part of this enhancement, a comprehensive review of our ordinances was initiated to ensure more clarity, consistency, and accuracy, while also refining the language, addressing any inconsistencies, and incorporating necessary updates. The first phase ofthis review will concentrate on the town's planning chapter of the ordinance, Chapter 151: Planning. Ifthis proposed chapter is eventually adopted, then we will move onto the other chapters or phases of this review process involving planning (zoning, subdivision, etc.) Please refer to Attachment A' for the proposed revisions to Chapter 151: Planning. In this attachment, the highlighted text indicates proposed additions to the ordinance, while red strikethrough-text represents proposed deletions to the chapter. Staff Recommendation Staff recommends that the Town of Sawmills Town Council consider adopting the proposed changes, if no changes or errors are identified. These updates and revisions are crucial to the day-to-day functions for the Planning and GIS Department but also bring some clarity to the ordinance. Planning Board Recommendation Planning Board recommend these changes to Chapter 151: Planning to Council with some minor grammatical changes that have already been made. 4076 US Highway 321-A * Sawmills NC * (828)396-7903 * (828)396-8955 fax hphosiahammilicm, The Town of Sawmills does not discriminate on the basis of age, sex, race, religion, national origin, disability, political affiliation, or marital status. CHAPTER 151 - PLANNING Table of Contents $151.01 Legislative Authority $151.02 Intent and Purpose $151.03 Meetings $151.04 Rules ofProcedure $151.05 Minutes $151.06 Annual Report $151.07 Planning Board, Specific Authority Powers $151.08 Composition, Qualifications, Appointments, Terms, Vacancies, and Reappointments $151.09 Officers, Committiees, and Compensation $151.10 Fiscal Affairs $151.11 Staff and Consultants $151.12 General Planning Authority $151.13 Coordination ofPlanning Activities $151.14 Comprehensive Plan Centents $151.01 IRG-ARVEALTHOAEPK $151.02 NTENFANDPURPOSE $151.03 MEETINGS. $151.04 RUEESOFPROCEDURE $151.05 MINUTES. $151.06 ANNUALREPOR: $151.07 PEANNINGBOARD,SPECIRCAUPHORIPY-POERS: $151.08 COMPOSFTON-QUEACATONS: APPOINEMENTS, TERMS, VACANCIES AMDAEPOININENN $151.09 OFFICERS,COMMEFEESANDCOMPENSAHION. $151.10 HISCAL-AFFAIRS. $151.11 STAFFANDCONSUEFANIS e $151.12 GENERAL-PLANNING-AUTHORIPA $151.13 COORDINANTIONOFPEANNING-ACFMETHES. $151.14 COMPREHENSIVEPLAN 5 6 SAWMILLS - LAND USAGE $151.01 LEGISLATIVE AUTHORITY: This chapter is enacted pursuant to the provision of GS SChapter 160A, Article 19 and Chapter 143, Article 33C 21, as amended, whereby authority is conferred upon the Town Council for the purpose of promoting the health, safety, morals, and general welfare of the community and to permit the creation of a planning agency, which shall be known as the "Town ofSawmills Planning and Geographic Information Systems (GIS) Department", or simply as the "Town of Sawmills Planning and GIS Department", to perform the following duties: (A) Make studies of the area within its jurisdiction and surrounding areas; (B) Determine objectives to be sought in the development of the study area; (C) Prepare and adopt plans for achieving these objectives; (D) Development and recommend policies, ordinances, administrative procedures, and other means for earrying-out conducting plans in a coordinated and efficient manner; (E) Advise the Sawmills Town Council concerning the use and amendment ofmeans for earrying out conducting plans; (F) Exercise any functions in the administration and enforcement of various means for earrying eut-conducting plans that the Town Council may direct; and (G) Develop maps and other geographical processes as necessary to assist in the planning processes within the Town ofSawmills. (H) Perform any other duties that the Council may direct. (Ord., passed D(1991 Code, $91.01)(Ord., passed 11-22-1988) $151.02 INTENT AND PURPOSE: The intent and purpose ofthis chapter is to create and establish the responsibilities of the "Town of Sawmills Planning and GIS Department", which is comprised of staff that handle the daily operations of the department, and also the "Town of Sawmills Planning Board" and the "Town of Sawmills Board ofAdjustment" that helps advise the Town and Council on other issues as defined inthis ordinance. FMaNperM-NwGEAAEX34misedwer.e rmkw--iPmgHa (Ord., passed D(1 (1991 Code, $91.02)(Ord., passed 11-22-1988) $151.03 MEETINGS: The Town Planning Board shall establish a meeting time and shall meet as necessary and more often as it shall determine and require. All meetings of the Planning Board shall be open to the public and reasonable notice ofthe time and place thereof shall be given to the public. All meetings shall conform to the North Carolina Open Meetings Law, GS S Chapter 143, Article 33C. CHAPTER 151 - PLANNING 7 (1991 Code, $91.03)(Ord., passed 11-22-1988) $151.04 RULES OF PROCEDURE. The Town Planning Board shall adopt and publish rules of procedure and amendments thereto from time-to-time for the conduct ofits business. (1991 Code, $91.04)(Ord., passed 11-22-1988) $151.05 MINUTES: The Planning Board shall keep permanent minutes of all ofits meetings. The minutes shall record the attendance ofits members, its resolutions, findings, recommendations. and actions. (1991 Code $91.05)(Ord., passed 11-22-1988) $151.06 ANNUAL REPORT: An annual report shall be prepared and submitted to the Town Council by May ofe each year by the Town of Sawmills Planning and GIS Department. The report shall include a comprehensive and detailed review of the activities, issues, preblems and actions of the Town of Sawmills Planning and GIS Department, Planning-Beard as well as any budget requests and/or recommendations. (Ord., passed (1991 Code $91.06)(Ord., passed 11-22-1988) $151.07 PLANNING BOARD, SPECIFIC AUTHORITY POWERS: (A) The Planning Board shall seek to promote, enhance, and preserve the character and general welfare ofthe town. (B) The Town Planning Board is authorized and empowered to undertake any action reasenably necessary to the discharge and conduct of its duties and responsibilities as outlined in this chapter and GS $160D-301(b) A-361, including and not limited to the following: (1) To prepare, review, maintain, monitor, and periodically update and recommend to the governing board a comprehensive plan, and such other plans as deemed appropriate, and conduct ongoing related research, data collection, mapping, and analysis. (2) To facilitate and coordinate citizen engagement and participation in the planning process. (3) To develop and recommend policies, ordinances, development regulations, administrative procedures, and other means for carrying out plans in a coordinated and efficient manner. (4) To advise the governing board concerning the implementation of plans, including, but not limited to, review and comment on all zoning text and map amendments as required by G.S. 160D-604. 8 SAWMILLS - LAND USAGE (5) To exercise any functions in the administration and enforcement of various means for carrying out plans that the governing board may direct. (6) To provide a preliminary forum for review of quasi-judicial decisions, provided that no part of the forum or recommendation may be used as a basis for the deciding board. (7) To perform any other related duties that the governing board may direct. (1) Make-studies-eftheare-iRiSjwriseietioemdsurrounémgereas: (2 Determine-objeetivesiebesewhtinthedevelepmemtentefthesiudy-are: (3) Prepare-and-adeptplam-ferac-he-ingeheseohyeetives: (4) Pyaw-wwwwwr--aeyalw pthermeansefearyingoueplasineeeninatedaméellieientmamner: (5) Adwiselhe-Coumiieenesemigewaiweremtyingewtplan: (6) Flwyaiiteaw-w pigaupiarecCemimaydinta4 (7) .wCyae (Ord., passed (1991 Code, $91.07)(Ord., passed 11-22-1988) $151.08 COMPOSITION, QUALIFICATIONS QULAIFICATIONS, APPOINTMENTS, TERMS, VACANCIES, AND REAPPOINTMENTS. (A) The Planning Board shall be composed of six (6) regular members and two (2) alternate members and shall have proportional representation from within the corporate limits and the Extraterritorial Jurisdiction (ETJ). For the six (6) regular members, four(4) five (5) shall be residents of the town and shall be appointed by the Town Council and twe(2) one (1) shall be a residents ofthe e Extraterritorial j Jurisdiction and shall be appointed by the County Board of Commissioners. One of the alternate members shall reside in the corporate limits, and the other alternate member shall reside in the Extraterritorial Jurisdiction. Pee@-aleamwderaiitw --A The alternate members shall be appointed in the same manner as regular members and at the regular times for appointment. The alternate member, while attending any regular or special meetings of the Board and serving in the absence of any regular member, shall have and exercise all the powers and duties of such regular member SO absent. (B) Initial terms ofoffice shall be as follows: For a Planning Board Members first appointment, the Member shall serve an initial one (1) year term. Ifa Planning Board Member is then reappointed for a second term, they shall serve an additional two (2) years following their CHAPTER 151 - PLANNING initial appointment term. The third appointment of an individual Planning Board Member results in them serving an additional three (3) year term following the end oftheir second term. For the fourth appointment and any subsequent reappointments, Planning Board Members shall serve on three (3)y year terms at the conclusion of each prior term until they are not reappointed at the conclusion ofa term. There are no term limits for Planning Board Members, and they may serve indefinitely if the Town Council sees it necessary. Any Planning Board Member shall be eligible for reappointment e-O-memheeppained weUPwRweO--wwst "Pem-ie)--iife tppsFAe mpinmassesmsieehaaieerlae@yeuriems (C) A vacancy occurring in the membership of the Planning Board shall be filled for the unexpired term by the Town Council or County Board ofCommissioners, asit appropriate. Awymemkraleegwrmppeninen. (Ord., passed D(1991 Code, $91.08)(Ord., passed 11-22-1988; Ord. passed 6-4-1996; (Ord. passed 10-15-2019) $151.09 OFFICERS, COMMITTEES! AND COMPENSATION: (A) The Planning Board shall elect from its membership a Chairperson, Vice-Chairperson and Secretary on an annual basis at the first meeting of the start of a new term. The-term-ef CMIENALVNP-Haw eventshal-heler-ferwhishhememkeriseppeinsdehete-he-Pamming-Beard, (B) The Town Council or Planning Board may establish Chyeae committees from its membership as the Board may from time to time deem best. (C) All: members regardless oft their place of residence shall have equal rights, privileges and duties regarding all matters coming before the Planning Board. (D) Members oft the Planning Board may receive compensation for duties as adopted by town council from time to time shallreseiverweny-five-dellamst525) for every Planning Board meeting attended. Members shall be reimbursed from funds appropriated by the town for necessary travel expenses outside the planning area while engaged in the work of the Planning Board. (Ord., passed (Ord. passed 10-15-2019)01991 Code, $91.09)(Ord., passed 11-22-1988) $151.10 FISCAL AFFAIRS: (A) Appropriation of funds for the Town ofSawmills Planning and GIS Department Planning Beard for its work anywhere within the planning area shall be made annually and the budget ordinance in the town in amounts as the Town Council may from time to time deem best. Funds from any source may be appropriated to the Town ofSawmills Planning and GIS Department Planning-Beard. Any disbursement ofi funds to the Town ofSawmills 10 SAWMILLS - LAND USAGE Planning and GIS Department Planning-Beard shall be made in the same manner as any other funds of the town that are disbursed. (B) The Town of Sawmills Planning and GIS Department Planning-Beard may accept any gif, grants in aid, or other funds made available to it by the federal, state, county, or municipal government or from any other public or private source. All funds received by the Town of Sawmills Planning and GIS Department Planning-Beard shall be filed with the Town of Sawmills Billing System. paiihreacla (C) The Town ofs Sawmills Planning and GIS Department Planning-Beard shall not purchase any supplies, materials, or equipment, enter into a new contract for service. or incur any debt whatsoever unless funds forthose purposes are available and have been appropriated for use by the Town Council Planning-Beard in accordance with this section. (Ord., passed (1991 Code, $91.10)(Ord., passed 11-22-1988) $151.11 STAFF AND CONSULTANTS: (A) The Town of Sawmills Planning and GIS Department shall be made up of administrative staff as needed. However, the position of Planning and GIS Director shall hereby be established to conduct daily business on behalf of the Town of Sawmills Planning and GIS Department. Contracting agencies may be sought after in order to fulfil these duties ofthe Planning and GIS Director, SO long as they are first appointed by the Town Manager. (B) The Planning and GIS Director and/or Planning Board may recommend to the Town Council the professional and clerical staff that is needed to perform the work ofthe Town ofSawmills Planning and GIS Department PlanningBeard. All staff authorized to conduct work on behalf ofthe Planning and GIS Department erthe-Plaming-Beam4, either part- time or full-time, and contracted employees, shall be appointed by the Town Manager Tewn-Ceuneil and shall be subject to the same rules and regulations as other employees ofthe town. (C) The Planning and GIS Director and/or Planning Board may, after due consideration, enter into contracts with planning consultants, engineers, or other persens people for planning services, provided all the requirements of the above section are complied with, if funds have appropriately been allocated. (D) Duties ofthe Administrative Staff ofthe Town ofSawmills Planning and GIS Department, may include, but are not limited to (GS $ 160D-402): drafting and implementing plans and development regulations to be adopted pursuant to Chapter GS S 160D; determining whether applications for development approvals are complete; receiving and processing applications for development approvals; providing notices of applications and hearings: making decisions and determinations regarding development regulation implementation: determining whether applications for development approvals meet applicable standards as established by law and local ordinance; conducting inspections; issuing or denying certificates of compliance or occupancy; enforcing development regulations, including issuing notices of violation, orders to correct violations, and recommending bringing CHAPTER 151 - PLANNING 11 judicial actions against actual or threatened violations; keeping adequate records; and any other actions that may be required in order adequately to enforce the laws and development regulations under their jurisdiction. A development regulation may require that designated staff members take an oath of office. The local government shall have the authority to enact ordinances, procedures, and fee schedules relating to the administration and the enforcement of Chapter GS S 160D. The administrative and enforcement provisions related to building permits set forth in Chapter GS S 160D Article 11 shall be followed for those permits. (Ord., passed (1991 Code $91.11)(Ord., passed 11-22-1988) $151.12 GENERAL PLANNING AUTHORITY: The Town of Sawmills Planning and GIS Department Planning-Beard shall have authority to make comprehensive studies of the present and future needs of the planning area, which includes the town and the ene-mile extraterritorial jurisdiction as adopted by the Town Council. The studies may include butmay-be-limiede studies of the physical, social, economic and governmental conditions with trends within the planning area for the purpose of preparing a plan which will provide for the sound growth and orderly development ofthe planning area in a manner that will best promote the health, safety, convenience, prosperity and general welfare ofits citizens. (Ord., passed (1991 Code, $91.12) $151.13 COORDINANTION OF PLANNING ACTIVITIES: In the conduct ofi its studies and the preparation ofi its plans, the Town of Sawmills Planning and GIS Department Planning-Beard shall have the duty to coordinate it planning activities with the planning activities ofthe counties, the municipalities.comeils of government, and other agencies, both public and private, which are located within the planning area. (Ord., passed D(1991 Code $91.13) $151.14 COMPREHENSIVE PLAN: (A) Comprehensive Plan. The Planning Board may recommend adept a Comprehensive Plan, or parts thereof, for the future development oft the planning area in accordance with the laws ofthe state to the Town Council.After being reviewed When-adepted by the Planning Board, the Comprehensive Plan shall then be recommended to the Town Council and other governmental units for adoption or other action necessary to implement the plan or part thereof. A plan or parts thereof adopted and recommended by the Planning Board may include but shall not be limited to the following: (1) Zoning plan. A zoning plan shall include both the full text of a recommended zoning ordinance and a map showing proposed district boundaries; 12 SAWMILLS - LAND USAGE (2) Subdivision regulations. Subdivision regulations shall include the full text of an ordinance regulating the platting and recording of any subdivision of land within the planning area; (3) Major street and highway plan. The major street and highway plan shall include a coordinated plan for the location, construction, extension or improvement of a major highways and streets within the planning area; and (4) Public facilities plan. The public facilities plan may include a coordinated plan for the development, expansion and extension of public facilities, including but not limited to plans for automobile parking facilities, hospitals, governmental services, public utilities, public recreation facilities, flood control, drainage and water pollution control facilities, water resources and public transportation facilities which are deemed important to the development oft the entire planning area or any part thereof. (B) Revision, amendment, or extension of plans. The Planning and GIS Director and/or Planning Board may from timeto-time revise, amend, extend, or add to a plan or parts thereof and recommend the revision or extension to the Town Council. (Ord. modified: 1991 Code, $91.14)(Ord. passed 11-22-1988) AGENDA ITEM 8A MEMO DATE: March 18, 2025 SUBJECT: Recognition: Recycle Rewards Program Discussion: The Town of Sawmills would like to congratulate Christopher Poteat on winning the Recycle Rewards Program for the month of March. 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 9A MEMO DATE: March 18, 2025 SUBJECT: Discussion: Mill Drive Improvement Project Discussion: On February 21, 2025, Town Manager Chase Winebarger spoke with Mayor Keith Warren regarding the Mill Drive Improvement Project. Mayor Keith Warren spoke with Council on February 21, 2025, regarding proceeding with a bid of four hundred nineteen thousand two hundred dollars ($419,200.00) from Locke-Lane Construction, Inc., and a vote was taken by straw vote on February 21, 2025 as follows: Melissa Curtis, at 2:59pm, voted in the affirmative; Clay Wilson, at 2:46pm, voted in the affirmative; Bobby Mosteller, at 2:52pm, voted in the affirmative; Rebecca Johnson, at 2:55pm, voted in the affirmative; and Joe Wesson, at 6:22pm, voted in the affirmative. Recommendation: Staff recommends Council approve the bid from Locke-Lane Construction, Inc. in the amount of four hundred nineteen thousand two hundred dollars ($419,200.00) for the Mill Drive Improvement Project. WEST 405 South Sterling Street, Morganton, NC: 28655 CONSULTANTS. 828 433 5661 / fax 828 433 5662 / info@west consultants.com PLC February 24, 2025 Chase Winebarger, Town Manager Town of Sawmills 4076 US HWY 321-A Sawmills, NC 28630 RE: Bid Results Mill Drive Improvements Dear Mr. Winebarger: On Thursday February 20, 2025, at 2:00 PM, bids were received for the above referenced project. A copy of the bid tabulation is enclosed for your review. The lowest bid submitted is from Locke-Lane Construction Inc. of Stoney Point, North Carolina in the amount of$419,200.00. The low bid and accompanying documentation were reviewed and found to be in conformity with the bid requirements. We recommend awarding the contract to Locke-Lane Construction, Inc., in the amount of $419,200.00. Ifyou have any questions concerning the above, please let me know. Sincerely, WEST CONSULTANTS, PLLC Joiltat Todd J. Poteet, P.E. Enclosure Town ofSawmills Mill Drive Improvements Project Caldwell County, North Carolina Bid Tabulation Locke-Lane Country Boy Line Construction, Inc. Landscaping, Inc. Item Description Quantity Unit Stoney Point, NC Statesville,NC 1. Clearing and Grubbing 1 LS $13,400.00 $15,000.00 2. Grading & Erosion Control 1 LS $51,800.00 $170,000.00 3. Removal and Disposal of] Existing Asphalt 1 LS $3,600.00 $3,500.00 4. Asphalt Paving (3" S9.5C) 330 TN $262.00 $125.00 5. Aggregate Base Course 950 TN $85.00 $40.00 6. Rock Excavation 5 CY $175.00 $175.00 7. Relocation of Existing Fences 325 LF $60.00 $25.00 8. 6" PVC, AWWA C-900, DR-18 Waterline & Fittings 520 LF $48.00 $43.15 9. 6" RJDIP Carrier Pipe Inside Steel Casing 30 LF $292.00 $173.80 10. 12" Diameter 0.250" Wall Steel Bored Encasement 30 LF $625.00 $650.00 11. 2" PVC, SDR13.5 Waterline & Fittings 150 LF $27.00 $33.98 12. 6"x6" Tapping Sleeve, 6" Gate Valve and Box 1E EA $15,500.00 $8,500.00 13. 6" Gate Valve & Box w/ Concrete Collar 1 EA $4,400.00 $3,160.00 14. 2" Type K Copper Service (from Main to New Meter) 25 LF $118.00 $125.00 15. 3/4" Type K Copper Service (from Main to New Meter) 300 LF $45.00 $38.50 16. New Meter Box with cast iron reader lid and setter (For 2" and 3/4" 7 EA $2,250.00 $3,200.00 services) 17. Transfer Meter and Reconnect Services (for 2" and 3/4" services) 71 EA $780.00 $850.00 18. 15" Class IV RCP 152 LF $92.00 $96.81 19. 18" Class IV RCP 40 LF $150.00 $130.75 20. Fire Hydrant Assembly 1 EA $9,701.00 $12,500.00 21. 2" Blow-off Assembly w/ Concrete Collars 1 EA $2,450.00 $3,800.00 22. Survey Staking 1 LS $6,100.00 $5,000.00 23. Bonds & Mobilization (max 3% of subtotal bid) 1 LS $10,500.00 $12,000.00 Total Bid $419,200.00 $436,929.12 1, ToddJ. Poteet, PE, do hereby certify that this is a true and correct canvass oft bids received by the Town of Sawmills for the Mill Drive Improvement Projeçt, on Thursday, February 20, 2025 at 2:00 PM. 1iyh Todd. J. Poteet, PE 4z4/z5 SA o AGINE 96 J. AGENDA ITEM 9B MEMO DATE: March 18, 2025 SUBJECT: Planning Matters: Ordinance Directing Town Officials To Vacate And Close 4126 Shoun DriveA 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 served the Owner(s) of 4126 Shoun Drive and has drafted an Ordinance Directing Town Officials to Vacate And Close 4126 Shoun Drive 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. Prepared by and Return to: Terry M. Taylor, Attorney at Law P.0. Drawer 2428, Hickory, NC 28603 CALDWELL COUNTY TOWN OF SAWMILLS Minimum Housing Code Enforcement Action concerning property of Melinda Dawn Herman Haas and Macie Nevaeh Haas (collectively "Property Owner") Deed Book 2079, Page 540, Caldwell County Registry, recording of Ordinance Pursuant to NCGS 160D- 1203(5). Ordinance to be recorded in the name of the Property Owner in the Grantor Index. Ordinance Passed: Date: 2025 By Action ofTown Council Page 1 of4 299407.1 NORTH CAROLINA AN ORDINANCE DIRECTING TOWN OFFICIALS TO DEMOLISH THE PROPERTY HEREIN DESCRIBED AS AN IMMINENT DANGER TO THE PUBLIC AND DIRECTING THAT A NOTICE BE PLACED THEREON THAT THE SAME MAY NOT BE OCCUPIED File No.2025-03 CALDWELL COUNTY WHEREAS, on March 13, 2023, Curt Willis, in his capacity as Housing Inspector and Code Enforcement Officer for the Town of Sawmills, issued a Notice of Violation (the "Complaint", Exhibit "I") against Melinda Dawn Herman Haas and Macie Neaeh Haas (collectively the "Respondent") with regard to the property located at 4126 Shoun Dr., Hudson, North Carolina, 28638 (Tax Parcel #03-38-1-10B and Tax ID #2766-05-8487) (the "Property"), pursuant to Chapter 154 ofthe Town of Sawmills Code ofOrdinances (the "Code"), alleging that the Property was and is "unfit for human habitation", as defined in the Code; and WHEREAS, a copy of the Complaint, which included the Notice of Hearing thereon was duly posted upon the Property and was duly served by upon Melinda Dawn Herman Haas and Macie Neaeh Haas by certified U.S. Mail; and WHEREAS, on April 4, 2023 the Housing Inspector conducted a Hearing upon the Complaint at Town Hall, at which hearing the Respondent was contacted and discussed the condition and thereafter at the hearing the Housing Inspector found the Respondent had taken no action to bring the Property into compliance with the Code and further, the Property was "unfit for human habitation". The Housing Inspector further found that the condition of the Property was unsafe in danger of collapse and unfit for human habitation and on May 17, 2023 entered an Order to repair the structure and remove hazardous conditions not later than August 15, 2023 (the "Order", a copy of which is on file at Town Hall (Exhibit "2") therefore ordering that the Property be brought into compliance with the Minimum Housing Code by vacating, closing, boarding up and/or repairing and improving the structure not later than the 15th day of August, 2023; and WHEREAS, more than ninety (90) days have passed since the Order and the Respondent has failed to comply with the terms and conditions of the Order and it appearing that the Property remains unoccupied and under the same conditions as found by the Housing Inspector in the Order, which findings are incorporated herein as findings of the Town Council; and WHEREAS, the Respondent has been provided a reasonable opportunity to bring the Property into conformity with the Code, but has failed to take in action in furtherance of bringing the Property into conformity with the Code; and WHEREAS, the Code requires that this Ordinance be approved by the Town Council authorizing the Housing Inspector to proceed to effectuate the purposes of Chapter 154 of the Code with respect to the Property. Page 2 of 4 299407.1 NOW, THEREFORE, BE IT ORDAINED: 1. The findings of the Housing Inspector with regard to the conditions existing in, on, or about the Property, as set forth in the Order, are found to be true and complete and are adopted as findings of the Town Council. 2. The Property is a Dwelling Unfit for Human Habitation as set forth in the Order. 3. The Respondent has failed to comply with the terms of the Order to remedy or attempt to remedy the issues causing the Property to be repaired despite being allowed in excess of ninety (90) days to do SO. 4. The Housing Inspector, in accordance with Section 154.51 of the Code, is expressly authorized and empowered to take all such action as he shall deem necessary to enforce the terms and conditions of the Order, including those powers set forth in Section 154.51 oft the Code, specifically: a. To cause the dwelling located upon the Property to be vacated, closed and boarded up; and b. To cause to be posted on the main entrance of the dwelling located upon the Property, a placard with the following words: "THIS BUILDING IS UNFIT FOR HUMAN HABITATION. THE USE OR OCCUPATION OF THIS BUILDING FOR HUMAN HABITATION IS PROHIBITED AND UNLAWFUL. ANYONE FOUND TRESPASSING ON THE PROPERTY CAN BE CHARGED WITH A CLASS 1 MISDEMEANOR 5. The Housing Inspector is further expressly authorized and empowered to exercise all powers and duties as set forth in Chapter 154 oft the Code with respect to the Property. 6. It shall be unlawful for any person to remove or cause to be removed the placard from any dwelling to which it is affixed. It shall likewise be unlawful for any person to occupy or to permit the occupancy of any dwelling therein declared to be a public health hazard. 7. 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 or mobile home, which is used solely for a seasonal vacation purpose. 8. This Ordinance shall become effective upon its adoption. Page 3 of4 299407.1 SO ORDAINED this the day of 2025. TOWN OF SAWMILLS, NORTH CAROLINA Keith Warren, Mayor Julie Good, Town Clerk Page 4 of4 299407.1 50 YEARS Western Piedmont NOTICE OF VIOLATION Council of Governments TOWN OF SAWMILLS Creative Regional Solutions Since: 1968 WPCOG CODE ENFORCEMENT SERVICES WPCOG Code Enforcement Nuisance Inspection Checklist Sawmills Town Code Chapter 154 Minimum Housing Pursuant to G.S. S 160A-441, it 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. Section 154.36. - Space use. The minimum standards for space use are as follows: (1) Aj principal area shall not have less than one hundred fifty (150) square feet. (2) A kitchen-dining room combination, if any, shall have not less than one hundred (100) 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. (6) At least one hundred fifty (150) square feet of floor space in habitable rooms shall be provided for the first occupant in each dwelling unit; at least one hundred (100) square feet of 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) (children one (1) year of age and under shall not be counted). (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 of two (2) (children one (1) year of age and under shall not be counted). (8) Those habitable rooms which must be included to meet the foregoing minimum space standards shall be at least seven (7) feet wide in any part with at least one-half of the floor area having a ceiling height of at least seven (7) feet. That portion of any room where the ceiling height is less than five (5) feet shall not be considered as part of the floor area. (9) No basement space shall be used as a habitable room or dwelling unit unless: (a) The floor and walls are impervious to leakage of underground and surface runoff water and are insulated against dampness. (b) The total of window area in each room is equal to at least the window area sizes prescribed in the following section for habitable rooms. (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 device affording adequate ventilation approved by the director of inspections. (10) Toilet and bathing facilities shall be structurally enclosed and shall be located SO as not to require passage through an openable area. (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 or another dwelling unit. (13) Doors shall be provided at all doorways leading to bedrooms, toilet rooms, bathrooms and at all rooms adjoining a public space. (14) Each living unit shall have a specific kitchen space, which contains a sink with counter workspace and has hot and cold running water and adequate space for storing cooking utensils. V2-02072020 EXHIBIT "1" 50 YEARS Western Piedmont NOTICE OF VIOLATION Council of Governments TOWN OF SAWMILLS Creativel Regional Solutions Since: 1968 WPCOG CODE ENFORCEMENT SERVICES ADDRESS: 4126 Shoun Dr Photos and notes collected on this date: 03/13/2023 50 YEARS Western Piedmont NOTICE OF VIOLATION Council ofGovernments TOWN OF SAWMILLS Creative Regional Solutions Since: 1968 WPCOG CODE ENFORCEMENT SERVICES (15) Electric, water and sewer must be in working order. Section 154.35. - Light and ventilation. The minimum standards for light and ventilation are as follows: (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 the total floor area of such room. (2) Every room in a dwelling unit and means of egress shall be sufficiently lluminated sO as to provide safe and satisfactory uses. (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 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 mechanical ventilation. (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 to decay and deterioration of the structure, and to prevent excessive heat in attics. (9) Utility spaces containing heat-producing, air-conditioning and other equipment shall be ventilated according to manufacturer's requirements. (10) Mechanical ventilation shall be of sufficient size to eliminate dampness and odors of the area it is serving. Section 154.31 - 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 easily operable. (b) Platforms, steps and/or handrails shall be provided to serve exits and maintained in a safe condition. 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; otherwise, the plumbing system shall be connected onto an approved septic tank. (2) All plumbing fixtures shall meet the standards of the Town plumbing code and shall be maintained in a state of good repair and in good working order. (3) There shall be provided a hot water heater (minimum thirty-gallon capacity) furnishing hot water to each tub or shower, lavatory and kitchen sink. V2- 02072020 50 YEARS Western Piedmont NOTICE OF VIOLATION Council of Governments TOWN OF SAWMILLS Creative Regional Solutions Since 1968 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) At least one (1) main vent of a minimum diameter of two (2) inches shall be properly installed for each building. (10) Sewer and water lines shall be properly supported with no broken or leaking lines. Section 154.33. - Heating. The minimum heating standards are as follows: (1) Reserved. (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 with the provisions of the state building code. (4) Liquid fuel stored on the premises shall be stored in accordance with the provisions of the National 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 fireplace opening. (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 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. V2- 02072020 50 YEARS Western Piedmont NOTICE OF VIOLATION Council of Governments TOWN OF SAWMILLS Creative Regionals Solutions Since 1968 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 provided per habitable room. (5) At least one (1) light outlet in each bathroom, hall, kitchen and porch, and over exterior steps to the second floor shall be provided. (6) There shall be no bare wires, open joints or spliced cables. (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. (8) No branch circuits shall be overloaded. (9) A minimum of three (3) branch circuits, plus separate circuits for each fixed appliance, shall be provided in each dwelling unit. a (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 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. A 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 foundation to support the building. b. The foundation shall be on firm, reasonably dry ground, and there shall be no water standing or running under the building. C. Footings shall be sound and have adequate bearing capacity. d. Piers shall be sound. 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 reasonably level. V2- 02072020 50 YEARS Western Piedmont NOTICE OF VIOLATION Council of Governments TOWN OF SAWMILLS Creative Regionals Solutions! Since: 1968 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. 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. Flooring shall be reasonably smooth, not rotten or worn through. j. No loose flooring shall be allowed. k. Floors shall be reasonably level. (3) Walls, exterior: a. 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. V C. No broken or cracked structural members shall be allowed. y d. No loose siding shall be allowed. e. Walls used as partitions shall not lean or buckle. f. 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. b. No loose plaster, loose boards or other loose wall materials shall be allowed. C. There shall be no cardboard, newspaper or other highly combustible material allowed as a wall finish. d. No studs shall be rotted or termite-damaged. e. No broken or cracked studs or other broken or cracked structural members shall be allowed. (5) Ceilings: a. No 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. (6) Roofs: V a. Rafters shall not be rotted, broken or sagging or have improperly supported ends. b. No rafters seriously fire-damaged shall be allowed. C. Attics shall be properly vented. d. No rotted, loose or sagging sheathing shall be allowed. e. No loose roof covering shall be allowed nor shall there be allowed any holes or leaks, which could cause damage to the structure or rooms. f. Walls and chimneys shall have proper flashing. (7) Stairs and steps: V2- 02072020 50 YEARS Western Piedmont NOTICE OF VIOLATION Council of Governments TOWN OF SAWMILLS Creative Regional Solutions Since: 1968 WPCOG CODE ENFORCEMENT SERVICES a. Stairs and steps shall be free of holes, grooves and cracks large enough to constitute accident hazards. 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. Every rail shall be firmly fastened and maintained in good condition. d. No flight of stairs settled more than one (1) inch out of its intended position or pulled away from supporting or adjacent structures shall be allowed. e. No rotting, sagging or deteriorated supports shall be allowed. (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 level. (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 therefrom removed from the premises. (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 maintained in satisfactory working condition. Section 154.37. - Property maintenance. The minimum property maintenance standards are as follows: (1) Buildings and structures: 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 for maintaining in a clean and sanitary condition the shared or public areas of the structure and premises thereof. (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. (4) Premises: 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 shall be allowed. d. Every premises shall be provided with all-weather vehicular access to and from the premises at all times by an abutting public or private street. 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. V2- 02072020 50 YEARS Western Piedmont NOTICE OF VIOLATION Council of Governments TOWN OF SAWMILLS Creativel Regional Solutions Since: 1968 WPCOG CODE ENFORCEMENT SERVICES f. Access to the rear yard from each dwelling unit shall be required. Such access is not, however, acceptable where it 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 a street. g. Any nonresidential use of the premises shall be subordinate to its residential use and character. (5) Infestation: a. Premises, buildings and structures shall, by generally accepted methods of extermination, be maintained free of vermination and rodent harborage and infestation. b. 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 rodents. C. Every head-of-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-ot-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 of 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 be the responsibility of the owner. (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 the proper use and operation of same. (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 constructed before the year 1978 will be subject to lead paint testing. V2- 02072020 50 YEARS Western Piedmont NOTICE OF VIOLATION Council of Governments TOWN OF SAWMILLS Creative Regiona! Solutions Since 1968 WPCOG CODE ENFORCEMENT SERVICES V. 02072020 50 YEARS 1880 Second Avenue NWI Hickory,NC 28601 Western Piedmont PO Box 9026 - Hickory, NC 28603 Council of Governments 828.322.9191 Fax: 828.322.5991/ww.wpcog.org Creative Regional Solutions Since 1968 ORDER TO REPAIR DATE OF ISSUE: 17 May 2023 NAME: HAAS MELINDA DAWN HERMAN/ HAAS MACIE NEAEH ADDRESS: 4126 Shoun Dr Hudson, NC 28638 TO: Owners and parties in interest of the property located at 4126 Shoun Dr Parcel Id Number: 2766058487 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. Upon the record and all of the evidence offered and contentions made, the undersigned Code Enforcement Officer does hereby find the following facts: 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 parties of interest attended the hearing. I was able to speak to Melinda Haas who is trying to address issues. Discussed the issues with the home and property 2. The premises described above violates 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 13MAR2023" and Exhibit B "Findings of Fact, dated 17MAY2023" attached. 3. Due to these conditions, the building andlor premises described above is found to be in condition within the meaning of the Town Minimum Housing Code, sO as to be unsafe, in danger of collapse and unfit for human habitation; EXHIBIT "2" Executive Committee: Barbara C. Pennell, Chair Bob Floyd. Jr., Vice Chair I Jill Patton, Secretary Johnny Berry. Treasurer George B. Hoileman, Past Chair At-Large Members: Wayne F Abele. Sr. Kitty W. Barnes I John F. "Chip" Black 1 Joe Gibbons I Executive Director, Anthony W. Starr Serving: Alexander County! Taylorsville Burke Countyl Connelly Springs) Drexel I GlenAlpine Hildebran! Morganton! Rutherford College Vaidese Caldwell County Cajah's Mountain Cedar Rock Gamewell I Granite Falls Hudson - Lenoir 1 Rhodhiss Sawmills - Catawba Countyl Brookford Catawba/Claremont: Conover Hickory Long Viewl Maiden |Newton 50 YEARS 1880 Second Avenue NW Hickory, NC 28601 Western Piedmont POI Box 9026 Hickory, NC 28603 Council of Governments 828.322.9191 Fax: 828.322.5991/ww.wpcog.org Creative Regional Solutions Since 1968 IT IS THEREFORE ORDERED that the owners of the property above are required to bring such property into compliance with the Minimum Housing Code by repairing the structure and removing hazardous conditions from property not later than the 15th day of August 2023. 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 law, which may result in additional costs and/or attorney fees. 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 necessary to reverse or modify any decision or order of the official. THIS the 01st day of April, 2024. astih Curt Willis Code Enforcement Officer (828) 485-4263 or curtwis@wpcog.org Executive Committee: Barbara C. Pennell, Chair Bob Floyd, Jr., Vice Chair - Jill Patton, Secretary I Johnny Berry, Treasurer - George B. Holleman, Past Chair I At-Large Members: Wayne F. Abele, Sr. I Kitty W. Barnes I John F. "Chip" Black - Joe Gibbons - Executive Director, Anthony W. Starr Serving: Alexander County! Taylorsville - Burke County Connelly Springs! Drexel GlenAlpine) Hildebran!! Morganton) Rutherford College Valdese Caldweli County Cajah's Mountain! Cedar Rock - Gamewell - Granite Fails Hudson Lenoir I Rhodhiss Sawmills I Catawba County. Brookford Catawba - Claremont Conoverl Hickoryl Long Viewl Maiden Newton 50 YEARS Western Piedmont NOTICE OF VIOLATION Council of Governments TOWN OF SAWMILLS Creative Regiona! Solutions Since 1968 WPCOG CODE ENFORCEMENT SERVICES Residential Minimum Housing 4126 Shoun Dr This is to certify that the following location is in violation of ORDINANCE 25-01 oft the Code of the Town of Sawmills. For moreir information, got Ye - - - - = - - - Residential Minimum Housing Minimum standards for occupancy of a residential house/home as follows, but not limited to: Space Use (minimum square footage, measurements, and uses) Lighting and ventilation (operable windows, doors, screens, foundation vents & access etc...) N 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 3 feet off the floor during winter conditions, no unvented combustible space heaters can be used) Electricity (required to be wired and no broken fixtures, no exposed wires, outlets, switches and over-loaded circuits, etc..) Structural requirements (all maintained in sound working order) Foundation (foundation vents, crawlspace door, structural 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) Roofs (leaking, water damage, missing shingles, fascia, soffit, drip edge, flashing structural issues) Stairs and steps (hand rails/railing, rotted treads, 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 Property maintenance (all keep orderly and clean) Building and structures (replace rotted wood, roofing, paint, etc.) Public areas Rubbish and garbage (junk, trash or debris on property needs to be cleaned up) Premises (grass needs to be mowed weekly, overgrowth needs to be kept cut back, nothing in right-of-way) Infestation (fleas, rats, snakes, roaches, other insects or bugs, etc.) 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 off facilities, equipment and structure (must be properly maintained at all times) AI hearing will be held with the Code Enforcement Officer at the Sawmills Town Hall on 04APR23 at 10AM This will be your opportunity to present facts and evidence as to why the structure should not be found failing to meet the Minimum Standards for Residential Buildings. You may bring anyone you wish to this hearing to present evidence. This hearing is not judicial in nature, but: simply provides the property owner an opportunity to present their facts to the Code Enforcement Officer. The Code Enforcement Officer will then make a decision to: 1. Revoke the Notice of Violation, 2. Order the property repaired within a certain time frame, or 3. Order thel building demolished. 13MAR23 Curt Willis, Code Enforcement Officer Date (828) 485-4263; curtwill@wpcogorg Exhibit A - V2- 02072020 50 YEARS Western Piedmont NOTICE OF VIOLATION Council of Governments TOWN OF SAWMILLS Creative Regional Solutions Since: 1968 WPCOG CODE ENFORCEMENT SERVICES ADDRESS: 4126 Shoun Dr Photos and notes collected on this date: 03/13/2023 Exhibit A 50 YEARS Western Piedmont NOTICE OF VIOLATION Council of Governments TOWN OF SAWMILLS Creativel Regional Solutionss Since: 1968 WPCOG CODE ENFORCEMENT SERVICES WPCOG Code Enforcement Nuisance Inspection Checklist Sawmills Town Code Chapter 154 Minimum Housing Pursuant to G.S. S 160A-441, it 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. Section 154.36. - Space use. The minimum standards for space use are as follows: (1) A principal area shall not have less than one hundred fifty (150) square feet. (2) A kitchen-dining room combination, if any, shall have not less than one hundred (100) 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. (6) At least one hundred fifty (150) square feet of floor space in habitable rooms shall be provided for the first occupant in each dwelling unit; at least one hundred (100) square feet of 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) (children one (1) year of age and under shall not be counted). (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 of two (2) (children one (1) year of age and under shall not be counted). (8) Those habitable rooms which must be included to meet the foregoing minimum space standards shall be at least seven (7) feet wide in any part with at least one-half of the floor area having a ceiling height of at least seven (7) feet. That portion of any room where the ceiling height is less than five (5) feet shall not be considered as part of the floor area. (9) No basement space shall be used as a habitable room or dwelling unit unless: (a) The floor and walls are impervious to leakage of underground and surface runoff water and are insulated against dampness. (b) The total of window area in each room is equal to at least the window area sizes prescribed in the following section for habitable rooms. (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 device affording adequate ventilation approved by the director of inspections. (10) Toilet and bathing facilities shall be structurally enclosed and shall be located SO as not to require passage through an openable area. (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 or another dwelling unit. (13) Doors shall be provided at all doorways leading to bedrooms, toilet rooms, bathrooms and at all rooms adjoining a public space. (14) Each living unit. shall have a specific kitchen space, which contains a sink with counter workspace and has hot and cold running waterand adequate space for storing cooking utensils. V2-02072020 xnoit / 50 YEARS Western Piedmont NOTICE OF VIOLATION Council of Governments TOWN OF SAWMILLS Creative Regional Solutions Since: 1968 WPCOG CODE ENFORCEMENT SERVICES (15) Electric, water and sewer must be in working order. Section 154.35. - Light and ventilation. The minimum standards for light and ventilation are as follows: (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 windowin the top of such room, the total window area of such skylight shall equal at least fifteen (15) percent of the total floor area of such room. (2) Every room in a dwelling unit and means of egress shall be sufficiently illuminated sO as to provide safe and satisfactory uses. (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 purposes. e (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 mechanical ventilation. (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 to decay and deterioration of the structure, and to prevent excessive heat in attics. (9) Utility spaces containing heat-producing, air-conditioning and other equipment shall be ventilated according to manufacturer's requirements. (10) Mechanical ventilation shall be of sufficient size to eliminate dampness and odors of the area it is serving. Section 154.31 - 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 easily operable. (b) Platforms, steps and/or handrails shall be provided to serve exits and maintained in a safe condition. 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; otherwise, the plumbing system shall be connected onto an approved septic tank. (2) All plumbing fixtures shall meet the standards of the Town plumbing code and shall be maintained in a state of good repair and in good working order. (3) There shall be provided a hot water heater minimumghirty-galon capacity) furnishing hot water to each tub or shower, lavatory and, kitchen sink. V2- 02072020 - XnTbit 50 YEARS Western Piedmont NOTICE OF VIOLATION Council of Governments TOWN OF SAWMILLS Creative Regionai Solutions Since: 1968 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) At least one (1) main vent of a minimum diameter of two (2) inches shall be properly installed for each building. (10) Sewer and water lines shall be properly supported with no broken or leaking lines. Section 154.33. - Heating. The minimum heating standards are as follows: (1) Reserved. (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 Oll-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 with the provisions of the state building code. (4) Liquid fuel stored on the premises shall be stored in accordance with the provisions of the National 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 fireplace opening. (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 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 connectedin:such manner as determined by the National Electric Code, as adopted by the Town. V2-02072020 - xhibit A 50 YEARS Western Piedmont NOTICE OF VIOLATION Council of Governments TOWN OF SAWMILLS Creative Regionals Solutions Since: 1968 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 provided per habitable room. (5) At least one. (1) light outlet in each bathroom, hall, kitchen and porch, and over exterior steps to the second floor shall be provided. (6) There shall be no bare wires, open joints or spliced cables. (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. (8) No branch circuits shall be overloaded. (9) A minimum of three (3) branch circuits, plus separate circuits for each fixed appliance, shall be provided in each dwelling unit. (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 circuits, and the equipment shall be properly grounded. (11) Outlets in kitchens and bathrooms shall be ground-fault nterrupter 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. A 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 foundation to support the building. b. The foundation shall be on firm, reasonably dry ground, and there shall be no water standing or running under the building. C. Footings shall be sound and have adequate bearing capacity. d. Piers shall be sound. 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 / V2-02072020 - - Xhibit A 50 YEARS Western Piedmont NOTICE OF VIOLATION Council of Governments TOWN OF SAWMILLS Creative Regional Solutions Since 1968 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. 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. Flooring shall be reasonably smooth, not rotten or worn through. J. No loose flooring shall be allowed. k. Floors shall be reasonably level. (3) Walls, exterior: a. 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. 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. b. No loose plaster, loose boards or other loose wall materials shall be allowed. C. There shall be no cardboard, newspaper or other highly combustible material allowed as a wall finish. d. No studs shall be rotted or termite-damaged. e. No broken or cracked studs or other broken or cracked structural members shall be allowed. (5) Ceilings: a. No 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. (6) Roofs: a. Rafters shall not be rotted, broken or sagging or have improperly supported ends. b. No rafters seriously fire-damaged shall be allowed. C. Attics shall be properly vented. d. No rotted, loose or sagging sheathing shall be allowed. e. No loose roof covering shall be allowed nor shall there be allowed any holes or leaks, which could cause damage to the structure or rooms. f. Walls and chimneys shall have proper flashing. (7) Stairs and steps! V2- 02072020 Xhibit LA 50 YEARS Western Piedmont NOTICE OF VIOLATION Council of Governments TOWN OF SAWMILLS Creative Regionals Solutions Since 1968 WPCOG CODE ENFORCEMENT SERVICES a. Stairs and steps shall be free of holes, grooves and cracks large enough to constitute accident hazards. 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. Every rail shall be firmly fastened and maintained in good condition. d. No flight of stairs settled more than one (1) inch out of its intended position or pulled away from supporting or adjacent structures shall be allowed. e. No rotting, sagging or deteriorated supports shall be allowed. (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 level. (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 therefrom removed from the premises. (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 maintained in satisfactory working condition. Section 154.37. - Property maintenance. The minimum property maintenance standards are as follows: (1) Buildings and structures: 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 for maintaining in a clean and sanitary condition the shared or public areas of the structure and premises thereof. (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. (4) Premises: 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 shall be allowed. d. Every premises shall be provided with all-weather vehicular access to and from the premises at. all times by an abutting public or private street. 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. a V2- 02072020 A Exhibit 50 YEARS Western Piedmont NOTICE OF VIOLATION Council of Governments TOWN OF SAWMILLS Creative Regionals Solutions Since: 1968 WPCOG CODE ENFORCEMENT SERVICES f. Access ta the rear yard from each dwelling unit shall be required. Such access is not, however, acceptable where it 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 a street. g. Any nonresidential use of the premises shall be subordinate to its residential use and character. (5) Infestation: a. Premises, buildings and structures shall, by generally accepted methods of extermination, be maintained free of vermination and rodent harborage and infestation. b. 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 rodents. C. 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-ot-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 of 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 be the responsibility of the owner. (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 the proper use and operation of same. (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 constructed before the year 1978 will be subject to lead paint testing. Exhibit A V2- 02072020 50 YEARS Western Piedmont NOTICE OF VIOLATION Council of Governments TOWN OF SAWMILLS Creativel Regiona! Solutions Since 1968 WPCOG CODE ENFORCEMENT SERVICES A 02072020 - - - - 50 YEARS 1880 Second Avenue NWI Hickory, NC 28601 Western Piedmont PO Box 9026 Hickory, NC 28603 Council of Governments 828.322.9191 Fax: 2832591wapges Creative Regional Solutions Since 1968 FINDINGS OF FACT 4126 Shoun Dr, Sawmills, NC. Minimum Housing Standards All photos are from 13 March 2023. All violations are based on Chapter 154.30 of the Town of Sawmills in the following ways: 1. 154.37 Exterior walls not weather or rodent proof. 2. 154.38 Garbage junk storage and disposal. 3. Hazardous property due to debris and junk A Executive Committee: Barbara C. Pennell, Chair Bob Floyd, Jr, Vice Chair I Jill Patton, Secretary Johnny Berry, Treasurer P George B. Holleman, Past Chair At-Large Members: Wayne F Abele, Sr. - Kitty W. Barnes - John F. "Chip' Black Joe Gibbons 1 Executive Director, Anthony W. Starr Serving: Alexander County Taylorsville Bucke County Connelly Springs! Dr exel GiemAlpipelHildebrarl Morganton! Rutherford College IValdese Caidwell Countyl Cajah's Mountaini Cedar Rock GamneweGrani FallTHudson LenoirT Rhodhiss Sawmills Catawba County Brookford] Catawbal Claremont Conover Hickoryl Long Viewi Maiden) Newton - AGENDA ITEM 11A MEMO DATE: March 18, 2025 SUBJECT: 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. TOW D8 3