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. Financial A. Approve Purchase of Mill Road Property Mayor Keith Warren 7. Public Comment 8. Public Hearing: Text Amendment A. Open Public Hearing Mayor Keith Warren B. Staff CommessyRecommenditons Planner Dustin Millsaps C. Public Comment Mayor Keith Warren D. Close Public Hearing Mayor Keith Warren E. Council Action Mayor Keith Warren 9. Recognitions: A. Recycle Rewards Mayor Keith Warren 10. Discussion: A. Straw Vote for Mill Drive improvement Project Mayor Keith Warren B. Ordinance To Demolish 4126 Shoun Drive Mayor Keith Warren 11. Public Comment 12. Updates: A. Code Enforcement Report Mayor Keith Warren B. Manager Updates Town Manager Chase Winebarger C. Council Comment Mayor Keith Warren 13. Closed Session: N.C.G.S. $143-318.11(a)03) Mayor Keith Warren 14. Adjourn Mayor Keith Warren February 18, 2025 Page 1 of 6 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 2of 6 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 if anyone 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 of 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 6 CAT B-Emergency Protective Measures CAT D-Water Control CAT G-Parks and Recreation CAT Z-Management Costs Council will need to approve the Grant Project Ordinance for staff to receive funds in the amount oft 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 ofthe 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 ifawarded. Clay Wilson made a motion, and Bobby Mosteller seconded, to approve the Accessible Parks Grant funding in the amount ofs 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' sj planning chapter ofthe ordinance, Chapter 151: Planning. Ifthis proposed chapter is eventually adopted, then we will move onto the other chapters or phases ofthis 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 ofSawmills Code ofOrdinance Chapter 151: Planning at the regularly scheduled March 18, 2025 Council meeting. All were in favor. ADOPTTHE 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 of Sawmills 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) ofthe alternate members shall be from the ETJ. The Planning Board is currently made up of the 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 a 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 ifanyone 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 THATY THE SAME MAY NOT BE OCCUPIED: Mayor Keith Warren stated that Town Code Enforcement Officer Curt Willis has served the Owner(s) of 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 ift 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 6of 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 forthe 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 7:01 pm. Keith Warren, Mayor Julie A. Good, Town Clerk AGENDA ITEM 6A MEMO March 18, 2025 DATE: Financial Matters: SUBJECT: Property Contract Approval Discussion: Town Council advised staff to move ahead with the purchase of acreage at the end of Mill Drive, Hudson, North Carolina, for the purpose of a cul-de-sac in the amount of ten thousand three hundred dollars ($10,300.00). The attached contract has been reviewed by and signed by the seller. Recommendation: Staff recommends Council approve the property contract for the purchase of acreage at the end of Mill Drive, Hudson, North Carolina, for the purpose of a cul-de-sac in the amount often thousand three hundred dollars ($10,300.00). AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY THIS AGREEMENT, including any and all addenda attached hereto ("Agreement"), is by and between TOWN OF SAWMILLS, a North Carolina Municipal Corporation ("Buyer") and LEONARD A. BUMGARNER and wife, ANNA L. BUMGARNER (collectively "Seller"). FOR AND IN CONSIDERATION OF THE MUTUAL PROMISES SET FORTH HEREIN AND OTHER GOOD AND VALUABLE CONSIDERATION, THE RECEIPT AND SUFFICIENCY OF WHICH ARE HEREBY ACKNOWLEDGED, THE PARTIES HERETO AGREE AS FOLLOWS: Section 1. Terms and Definitions: The terms listed below shall have the respective meaning given them as set forth adjacent to each term. (a) "Property Description": (Address/Legal description/Parcel ID No.) Mill Drive, Hudson, NC 28638 PIN: 2766-76-7450 / Parcel ID No. 03-41-4-25 Deed Reference: Deed Book 1767 at Page 71, Caldwell County Registry. Plat Reference: Plat Book 40, Page 231 If this box is checked, Property" shall mean that property described attached hereto and incorporated herewith by reference. $10,300.00 (b) "Purchase Price" shall mean the sum ofTen Thousand Three Hundred and No/100 Dollars. payable on the following terms: SN/A (i) "Earnest Money" shall mean or terms as follows: Upon this Agreement becoming a contract in accordance with Section 14, the Earnest Money shall be made payable to N/A (name of person/entity with whom deposited), to be applied as part payment of the Purchase Price of the Property at Closing, or disbursed as agreed upon under the provisions of Section 10 herein. ANY EARNEST MONEY DEPOSITED BY BUYER IN A TRUST ACCOUNT MAY BE PLACED IN AN INTEREST BEARING TRUST ACCOUNT, AND: (check only ONE box) I ANY INTEREST EARNED THEREON SHALL BE APPLIED AS PART PAYMENT OF THE PURCHASE PRICE OF THE PROPERTY AT CLOSING, OR DISBURSED AS AGREED UPON UNDER THE PROVISIONS OF SECTION 10 HEREIN. (Buyer's Taxpayer Identification Number is: ANY INTEREST EARNED THEREON SHALL BELONG TO THE ACCOUNT HOLDER IN CONSIDERATION OF THE EXPENSES INCURRED BY MAINTAINING SUCH ACCOUNT AND RECORDS ASSOCIATED THEREWITH. $N/A (ii) Proceeds ofar new loan in the amount of Dollars for a term of years, with an amortization period not to exceed years, at an interest rate not to exceed % per annum with mortgage loan discount points not to exceed % of the loan amount, or such other terms as may be set forth on Exhibit B if applicable. Buyer shall pay all costs associated with any such loan. $N/A (ini) Delivery of a promissory note secured by a deed of trust, said promissory note in the amount of Dollars being payable over: a term of years, with an amortization period of years, payable in monthly installments of principal, together with accrued interest on the outstanding principal balance at the rate of percent C %) per annum in the amount ofs Buyer Initials Seller Initials ABLELB L 298341.1 with the first principal payment beginning on the first day of the month next succeeding the date of Closing, or such other terms as may be set forth on Exhibit B. At any time, the promissory note may be prepaid in whole or in part without penalty and without further interest on the amounts prepaid from the date of such prepayment. (NOTE: In the event of Buyer's subsequent default upon a promissory note and deed of trust given hereunder, Seller's remedies may be limited to foreclosure of the Property. If the deed of trust given hereunder is subordinated to senior financing, the material terms of such financing must be set forth on Exhibit B. If such senior financing is subsequently foreclosed, the Seller may have no remedy to recover under the note.) SN/A (iv) Assumption of that unpaid obligation of Seller secured by a deed of trust on the Property, such obligation having an outstanding principal balance of $ and evidenced by a note bearing interest at the rate of percent C %) per annum, and a current payment amount of $ The obligations of Buyer under this Agreement are conditioned upon Buyer being able to assume the existing loan described above. If such assumption requires the lender's approval, Buyer agrees to use its best efforts to secure such approval and to advise Seller immediately upon receipt oft the lender's decision. Approval must be granted on or before On or before this date, Buyer has the right to terminate this Agreement for failure to be able to assume the loan described above by delivering to Seller written notice of termination. by the above date, time being of the essence. If Buyer delivers such notice, this Agreement shall be null and void and Earnest Money shall be refunded to Buyer. If Buyer fails to deliver such notice, then Buyer will be deemed to have waived the loan condition. Unless provided otherwise in Section 3 hereof, Buyer shall pay all fees and costs associated with any such assumption, including any assumption fee charged by the lender, At or before Closing, Seller shall assign to Buyer all interest of Seller in any current reserves or escrows held by the lender, any property management company and/or Seller, including but not limited to any tenant improvement reserves, leasing commission reserves, security deposits and operating or capital reserves for which Seller shall be credited said amounts at Closing 10,300.00 (v) Cash, balance of Purchase Price, at Closing in the amount ofTen Thousand and No/100 Dollars. (c) "Closing" shall mean the date and time of recording of the deed, Closing shall occur on or before fifteen (15) days after expiration ofthe Examination Period. (d) "Contract Date" means the date this Agreement has been fully executed by both Buyer and Seller. (e) "Examination Period" shall mean the period beginning on the Contract Date and extending through thirty (30) days after the Contract Date. TIME IS OF THE ESSENCE. AS TO THE. EXAMINATION, PERIOD. () "Broker(s)" shall mean: N/A ("Listing Agency"), ("Listing Agent" - License # Acting as: Seller's Agent; Dual Agent and N/A ("Selling Agency"), ("Selling Agent"- License # Acting as: Buyer's Agent; Seller's (Sub)Agent; Dual Agent (g) "Seller's Notice Address" shall be as follows: Leonard A. and wife, Anna Bumgarner 4102 Mill Dr. Hudson, NC 28638 Ph: 828) 3%-5269 Email: Initials AB Buyer Seller nitias/.B 298341.1 except as same may be changed pursuant to Section 12. (h) "Buyer's Notice Address" shall be as follows: Town of Sawmills 4076 US Hwy. 321A Sawmills, NC: 28630 except as same may be changed pursuant to Section 12. If this block is marked, additional terms of this Agreement are set forth on Exhibit B attached hereto and incorporated herein by reference. (Note: Under North Carolina law, real estate agents are not permitted to draft conditions or contingencies to this Agreement.) Section 2. Sale of Property and Payment of Purchase Price: Seller agrees to sell and Buyer agrees to buy the Property for the Purchase Price. Section 3. Proration of Expenses and Payment of Costs: Seller and Buyer agree that all property taxes shall be proraSted as of the date of Closing. Buyer agrees to pay Buyer's expenses for Attorney's fees, preparation ofa deed and all other documents necessary to perform Buyer' s obligations under this Agreement, and the following: Buyer shall pay recording costs, costs of any title search, title insurance, survey, the cost of any inspections or investigations undertaken by Buyer under this Agreement and the following: Section 4. Deliveries: Seller agrees to use best efforts to deliver to Buyer as soon as reasonably possible after the Contract Date copies of all information relating to the Property in possession of or available to Seller, including but not limited to: title insurance policies, surveys and copies of all presently effective warranties or service contracts related to the Property. Seller authorizes (1) any attorney presently or previously representing Seller to release and disclose any title insurance policy in such attorney's file to Buyer and both Buyer's and Seller's agents and attorneys; and (2) the Property's title insurer or its agent to release and disclose all materials in the Property's title insurer's (or title insurer's agent's) file to Buyer and both Buyer's and Seller's agents and attorneys. IfBuyer does not consummate the Closing for any reason other than Seller default, then Buyer shall return to Seller all materials delivered by Seller to Buyer pursuant to this Section 4 (or Section 7, if applicable), ifany, and shall, upon Seller's request, provide to Seller copies of( (subject to the ownership and copyright interests oft the preparer thereof) any and all studies, reports, surveys and other information relating directly to thel Property prepared by or at the request of Buyer, its employees and agents, and shall deliver to Seller, upon the release oft the Earnest Money, copies ofall oft the foregoing without any warranty or representation by Buyer as to the contents, accuracy or correctness thereof. Section 5. Evidence of Title: Seller agrees to convey title to the Property free and clear of all liens, encumbrances and defects oftitle other than: (a) zoning ordinances affecting the Property, (b) Leases (if applicable) and (c) matters of record existing at the Contract the Examination Period ("Permitted that Seller shall Date that are not objected to by Buyer prior to the end of Exceptions"); provided such as be required to satisfy, at or prior to Closing, any encumbrances that may be satisfied by the payment of a fixed sum of money, deeds of trust, mortgages or statutory liens. Seller shall not enter into or record any instrument that affects the Property (or any personal property listed on Exhibit A) after the Contract Date without the prior written consent of Buyer, which consent shall not be unreasonably withheld, conditioned or delayed. Section 6. Conditions: This Agreement and the rights and obligations of the parties under this Agreement are hereby made expressly conditioned upon fulfillment (or waiver by Buyer, whether explicit or implied) of the following conditions: (a) New Loan: The Buyer must be able to obtain the loan, ifany, referenced in Section I(b)(ii). Buyer must be able to obtain ai firm commitment for this loan on or before N/A, effective through the date of Closing. Buyer agrees to use its best efforts to secure such commitment and to advise Seller immediately upon receipt oflender's decision. On or before the above date, Buyer has the right obtain the loan referenced in Section 1(b)(i) delivering to Seller written notice of to terminate this Agreement for failure to by shall be and void and termination by, the above date, time being of the essence. If Buyer delivers such notice, this Agreement null Buyer Initials Lw Seller haitakg AB 298341.1 Earnest Money shall be refunded to Buyer. If Buyer fails to deliver such notice, then Buyer will be deemed to have waived the loan condition. Notwithstanding the foregoing, after the above date, Seller may request in writing from Buyer a copy of the commitment letter. If Buyer fails to provide Seller a copy of the commitment letter within five (5) days of receipt of Seller's request, then Seller may terminate this Agreement by written notice to Buyer at any time thereafter, provided Seller has not then received a copy of the commitment letter, and Buyer shall receive a return of Earnest Money. (b) Oualification for Financing: If Buyer is to assume any indebtedness in connection with payment of the Purchase Price, Buyer agrees to use its best efforts to qualify for the assumption. Should Buyer fail to qualify, Buyer shall notify Seller in writing immediately upon lender's decision, whereupon this Agreement shall terminate, and Buyer shall receive a return of Earnest Money. (c) Title Examination: After the Contract Date, Buyer shall, at Buyer's expense, cause a title examination to be made of the Property before the end of the Examination Period. In the event that such title examination shall show that Seller's title is not fee simple marketable and insurable, subject only to Permitted Exceptions, then Buyer shall promptly notify Seller in writing of all such title defects and exceptions, in no case later than the end of the Examination Period, and Seller shall have thirty (30) days to cure said noticed defects. If Seller does not cure the defects or objections within thirty (30) days of notice thereof, then Buyer may terminate this Agreement and receive a return of Earnest Money (notwithstanding that the Examination Period may have expired). If Buyer is to purchase title insurance, the insuring company must be licensed to do business in the state in which the Property is located. Title to the Property must be insurable at regular rates, subject only to standard exceptions and Permitted Exceptions. (d) Same Condition: If the Property is not in substantially the same condition at Closing as of the date of the offer, reasonable wear and tear excepted, then the Buyer may (i) terminate this Agreement and receive a return of the Earnest Money or () proceed to Closing whereupon Buyer shall be entitled to receive, in addition to the Property, any of the Seller's insurance proceeds payable on account oft the damage or destruction applicable to the Property. (e). Inspections: Buyer, its agents or representatives, at Buyer's expense and at reasonable times during normal business hours, shall have the right to enter upon the Property for the purpose of inspecting, examining, performing soil boring and other testing, conducting timber cruises, and surveying the Property. Buyer shall conduct all such on-site inspections, examinations, soil boring and other testing, timber cruises and surveying of the Property in a good and workmanlike manner, shall repair any damage to the Property caused by Buyer's entry and on-site inspections and shall conduct same in a manner that does not unreasonably interfere with Seller's or any tenant's use and enjoyment ofthe Property. In that respect, Buyer shall make reasonable efforts to undertake on- site inspections outside of the hours any tenant's business is open to the public and shall give prior notice to any tenants of any entry onto any tenant's portion of the Property for the purpose of conducting inspections. Upon Seller's request, Buyer shall provide to Seller evidence of general liability insurance. Buyer shall also have a right to review and inspect all contracts or other agreements affecting or related directly to the Property and shall be entitled to review such books and records of Seller that relate directly to the operation and maintenance of the Property, provided, however, that Buyer shall not disclose any information regarding this Property (or any tenant therein) unless required by law and the same shall be regarded as confidential, to any person, except to its attorneys, accountants, lenders and other professional advisors, in which case Buyer shall obtain their agreement to maintain such confidentiality. Buyer assumes all responsibility for the acts of itself, its agents or representatives in exercising its rights under this Section 6(e) and agrees to indemnify and hold Seller harmless from any damages resulting therefrom. This indemnification obligation of Buyer shall survive the Closing or earlier termination of this Agreement. Buyer shall, at Buyer's expense, promptly repair any damage to the Property caused by Buyer's entry and on-site inspections. Except as provided in Section 6(c) above, Buyer shall have from the Contract Date through the end of the Examination Period to perform the above inspections, examinations and testing. IF BUYER CHOOSES NOT TO PURCHASE THE PROPERTY, FOR ANY REASON OR NO REASON, AND PROVIDES WRITTEN NOTICE TO SELLER THEREOF PRIOR TO THE EXPIRATION OF THE EXAMINATION PERIOD, THEN THIS AGREEMENT SHALL TERMINATE, AND BUYER SHALL RECEIVE A RETURN OF THE EARNEST MONEY. Section 7. Leases (Check one of the following, as applicable): X If this box is checked, Seller affirmatively represents and warrants that there are no Leases (as hereinafter defined) affecting the Property. Ifthis box is checked, Seller discloses that there are one or more leases affecting the Property (oral or written, recorded or not-"Leases") and the following provisions are hereby made a part ofthis Agreement. (a) AIl Leases shall be itemized on Exhibit B, if any; (b) Seller shall deliver copies of any Leases to Buyer pursuant to Section 4 as ifthe Leases were listed therein; AB Buyer Initials Seller haitslB 298341.1 (c) Seller represents and warrants that as of the Contract Date there are no current defaults (or any existing situation which, with the passage of time, or the giving of notice, or both, or at the election of either landlord or tenant could constitute a default) either by Seller, as landlord, or by any tenant under any Lease ("Lease Default"). In the event there is any Lease Default as of the Contract Date, Seller agrees to provide Buyer with a detailed description of the situation in accordance with Section 4. Seller agrees not to commit a Lease Default as Landlord after the Contract Date, and agrees further to notify Buyer immediately in the event a Lease Default arises or is claimed, asserted or threatened to be asserted by either Seller or a tenant under the Lease. (d) In addition to the conditions provided in Section 6 of this Agreement, this Agreement and the rights and obligations of the parties under this Agreement are hereby made expressly conditioned upon the assignment of Seller's interest in any Lease to Buyer in form and content acceptable to Buyer (with tenant's written consent and acknowledgement, if required under the Lease), and Seller agrees to use its best efforts to effect such assignment. Any assignment required under this Section 7 shall be required to be delivered at or before Closing by Seller in addition to those deliveries required under Section 11 ofthis Agreement. (e) Seller agrees to deliver an assignment of any Lease at or before Closing, with any security deposits held by Seller under any Leases to be transferred or credited to Buyer at or before Closing. Seller also agrees to execute and deliver(and work diligently to obtain any tenant signatures necessary for same). any estoppel certificates and subordination, nondisturbance and attornment agreements in such form as Buyer may reasonably request. Section 8. Environmental: Seller represents and warrants that it has no actual knowledge of the presence or disposal, except as in accordance with applicable law, within the buildings or on the Property of hazardous or toxic waste or substances, which are defined as those substances, materials, and wastes, including, but not limited to, those substances, materials and wastes listed in the United States Department of Transportation Hazardous Materials Table (49 CFR Part 172.101) or by the Environmental Protection Agency as hazardous substances (40 CFR Part 302.4) and amendments thereto, or such substances, materials and wastes, which are or become regulated under any applicable local, state or federal law, including, without limitation, any material, waste or substance which is () petroleum, (ii) asbestos, (iii) polychlorinated biphenyls, (iv) designated as a Hazardous Substance pursuant to Section 311 of the Clean Water Act of 1977 (33 U.S.C. $1321) or listed pursuant to Section 307 oft the Clean Water Act of 1977 (33 U.S.C. $1317), (v) defined as a hazardous waste pursuant to Section 1004 of the Resource Conservation and Recovery Act of 1976 (42 U.S.C. $6903) or (vi) defined as a hazardous substance pursuant to Section 101 of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C. $9601). Seller has no actual knowledge of any contamination of the Property from such substances as may have been disposed of or stored on neighboring tracts. Section 9. Risk of LossDamage/Repair: Until Closing, the risk of loss or damage to the Property, except as otherwise provided herein, shall be borne by Seller. Except as to maintaining the Property in its same condition, Seller shall have no responsibility for the repair ofthe Property, including any improvements, unless the parties hereto agree in writing. Section 10. Earnest Money Disbursement: Intentionally Deleted. Section 11. Closing: At or before Closing, Seller shall deliver to Buyer a General Warranty Deed unless otherwise specified on Exhibit B and other documents customarily executed or delivered by a seller in similar transactions, including without limitation, bill of sale for any personalty listed on Exhibit A, an owner's affidavit, lien waiver forms and a non-foreign status affidavit (pursuant to the Foreign Investment in Real Property Tax Act), and Buyer shall pay, to Seller the Purchase Price. At Closing, the Earnest Money shall be applied as part ofthe Purchase Price. The Closing shall be conducted by Buyer's attorney or handled in such other manner as the parties hereto may mutually agree in writing. Possession shall be delivered at Closing, unless otherwise agreed herein. The Purchase Price and other funds to be disbursed pursuant to this Agreement shall not be disbursed until Closing has taken place. Section 12. Notices: Unless otherwise provided herein, all notices and other communications which may be or are required to be given or made by any party to the other in connection herewith shall be in writing and shall be deemed to have been properly given and received on the date delivered in person or deposited in the United States mail, registered or certified, return receipt requested, to the addresses set out in Section I(g) as to Seller and in Section 1(h) as to Buyer, or at such other addresses as specified by written notice delivered in accordance herewith. Section 13. Entire Agreement: This Agreement constitutes the sole and entire agreement among the parties hereto and no modification ofthis Agreement shall be binding unless in writing and signed by all parties hereto. HB Buyer Initials Seller haikB 298341.1 Section 14. Enforceability: This Agreement shall become a contract when signed by both Buyer and Seller and such signing is communicated to both parties; it being expressly agreed that the notice described in Section 12 is not required for effective communication for the purposes oft this Section 14. This Agreement shall be binding upon and inure to the benefit of the parties, their heirs, successors and assigns and their personal representatives. Section 15. Adverse Information and Compliance with Laws: (a) Seller Knowledge: Seller has no actual knowledge of () condemnation(s) affecting or contemplated with respect to the Property; (ii) actions, suits or proceedings pending or threatened against the Property; (ii) changes contemplated in any applicable laws, ordinances or restrictions affecting the Property; or (iv) governmental special assessments, either pending or confirmed, for sidewalk, paving, water, sewer, or other improvements on or adjoining the Property, and no pending or confirmed owners' association special assessments, except as follows (Insert "None" or the identification of any matters relating to () through (iv) above, ifany): None. Note: For purposes of this Agreement, a "confirmed" special assessment is defined as an assessment that has been approved by a governmental agency or an owners' association for the purpose(s) stated, whether or not it is fully payable at time of closing. A "pending" special assessment is defined as an assessment that is under formal consideration by a governing body. Seller shall pay all owners' association assessments and all governmental assessments confirmed as of the date of Closing, if any, and Buyer shall take title subject to all pending assessments disclosed by Seller herein, ifa any. Seller represents that the regular owners' association dues, if any, are $ N/A (b) Compliance: To Seller's actual knowledge, () Seller has complied with all applicable laws, ordinances, regulations, statutes, rules and restrictions pertaining to or affecting the Property; (ii) performance of the Agreement will not result in the breach of, constitute any default under or result in the imposition of any lien or encumbrance upon the Property under any agreement or other instrument to which Seller is a party or by which Seller or the Property is bound; and (ir) there are no legal actions, suits or other legal administrative proceedings or threatened against the Property, and Seller is not aware of any facts which might result in or pending any such action, suit or other proceeding. Section 16. Survival of Representations and Warranties: All representations, warranties, covenants and agreements made by the parties hereto shall survive the Closing and delivery of the deed. Seller shall, at or within six (6) months after the Closing, and without further consideration, execute, acknowledge and deliver to Buyer such other documents and instruments, and take such other action as be to more effectively transfer to Buyer the Property described herein in as Buyer may reasonably request or may necessary accordance with this Agreement. Law: This shall be construed under the laws of the state in which the Property is located. This Section 17. Applicable Agreement form has only been approved for use in North Carolina. Section 18. Assignment: This Agreement is not assignable without Seller consent. Section 19. Tax-Deferred Exchange: In the event Buyer or Seller desires to effect a tax-deferred exchange in connection with the conveyance of the Property, Buyer and Seller agree to cooperate in effecting such exchange; provided, however, that the exchanging shall be responsible for all additional costs associated with such exchange, and provided further, that a non-exchanging party party with to such tax-deferred exchange. Seller and shall execute such additional shall not assume any additional liability respect Buyer documents, at no cost to the non-exchanging party, as shall be required to give effect to this provision. of Contract: either the parties hereto shall execute a memorandum of contract in Section 20. Memorandum Upon hereof request by than the party, Purchase Price and other sums due) as either party wish to recordable form setting forth such provisions (other the is released may from incorporate. Such memorandum of contract shall contain a statement that it automatically terminates and Property effect thereby as of a specific date to be stated in the memorandum (which specific date shall be no later than the date of Closing). any The cost of recording such memorandum of contract shall be borne by the party requesting execution of same. AB Buyer Initials Seller haityB 298341.1 Section 21. Authority: Each signatory to this Agreement represents and warrants that he or she has full authority to sign this Agreement and such instruments as may be necessary to effectuate any transaction contemplated by this Agreement on behalf of the party for whom he or she signs and that his or her signature binds such party. Section 22. Brokers: Except as expressly provided herein, Buyer and Seller agree to indemnify and hold each other harmless from any and all claims of brokers, consultants or real estate agents by, through or under the indemnifying party for fees or commissions arising out ofthe sale of the Property to Buyer. Buyer and Seller represent and warrant to each other that: () except as to the Brokers designated under Section 1(f) ofthis Agreement, they have not employed nor engaged any brokers, consultants or real estate agents to be involved in this transaction and (ii) that the compensation of the Brokers is established by and shall be governed by separate agreements entered into as amongst the Brokers, the Buyer and/or the Seller. EIFS/SYNTHETIC STUCCO: If the adjacent box is checked, Seller discloses that the Property has been clad previously (either in whole or in part) with an "exterior insulating and finishing system" commonly known as "EIFS" or "synthetic stucco". Seller makes no representations or warranties regarding such system and Buyer is advised to make its own independent determinations with respect to conditions related to or occasioned by the existence of such materials at the Property. THE NORTH CAROLINA ASSOCIATION OF REALTORSB, INC. AND THE NORTH CAROLINA BAR ASSOCIATION MAKE NO REPRESENTATION AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION OF THIS FORM IN ANY SPECIFIC TRANSACTION. IF YOU DO NOT UNDERSTAND THIS FORM OR FEEL THAT IT DOES NOT PROVIDE FOR YOUR LEGAL NEEDS, YOU SHOULD CONSULT A NORTH CAROLINA REAL ESTATE ATTORNEY BEFORE YOU SIGNIT. [Signatures Appear on the Following Page] Buyer Initials Seller Initials LB RB 298341.1 BUYER: SELLER: TOWN OF SAY WMILLS Kemdabgern a - (SEAL) Leonard A. Bumgarner By: Keith Warren, Mayor Akxs d (SEAL) Anna L. Bumgarner bempaana Address: 4076 US Hwy. 321A Sawmills, NC 28630 Address: 4102 Mill Drive Hudson, NÇ2 28638 Telephone: 328) 396-5269 Email: Date: 3D04s Date: 3-4-2025 Buyer Initials h Seller hita.g AB 298341.1 EXHBIT A (General Warranty Deed) Buyer Initiais Seller Initialsk 3 RB 298341.1 GENERAL WARRANTY DEED Excise Tax: $21.00 Tax Parcel ID No. 2766-76-7450 Verified by. County on the day of 20 By: Mail/Box to: Terry M. Taylor, Young, Morphis, Bach & Taylor, L.L.P., P.O. Drawer 2428, Hickory, NC 28603 This instrument was prepared by: Terry M. Taylor, a licensed North Carolina attorney. Delinquent taxes, ifa any, to be paid by the closing attorney to the county tax collector upon disbursement of closing proceeds. Brief description for the Index: THIS DEED, made this the day of 2025, by and between GRANTOR: LEONARD A. BUMGARNER and wife, ANNA BUMGARNER whose mailing address is 4102 Mill Dr., Hudson, NC 28638 (herein referred to collectively as Grantor) and GRANTEE: TOWN OF SAWMILLS, a North Carolina Municipal corporation whose mailing address is 4076 US Hwy. 321A, Sawmills, NC 28630 (herein referred to as Grantee). [Include mailing address for each Grantor and Grantee; marital status ofeach individual Grantor and Grantee; andi type of entity, e.g., corporation, limited liability company, for each non-individual Grantor and Grantee.] WITNESSETH: For valuable consideration from Grantee to Grantor, the receipt and sufficiency of which is hereby acknowledged, Grantor hereby gives, grants, bargains, sells and conveys unto Grantee ini fee simple, subject to the Exceptions and Reservations hereinafter provided, ifany, the following described property located in the Township, County of Catawba, State of North Carolina, more particularly described as follows: See Exhibit A Together with all right, title, and interest of Grantor in and to any current or former streams, strips, gores, orrights-of- way abutting or adjoining the Property, and together with all the improvements thereon and all privileges, easements, and appurtenances thereto belonging and not elsewhere herein excepted. Said property having been previously conveyed to Grantor by instrument recorded in Book 1767, Page 71, and being reflected on plat recorded in Plat Book 40, Page 231, Caldwell County Registry. 298345.1 IN WITNESS WHEREOF, the Grantor has duly executed the foregoing as of the day and year first above written. feerh hih (SEAL) Leonard A. Bumgarner Ckns Bampdensas - (SEAL) Anna L. Bumgarner State of North Carolina (Official/Notarial Seal) County of AICK L certify that the following. person. personally appeared before me this day, acknowledging to me that they signed the foregoing document: Leonard A. Bumgarner and wife, Anna L. Bumgarner NOTARY r Date: 314105 ACLLI PUBLIC Lil ha A Gond Notary Public - : Notary's Printed or Typed Name ELI COUNT - My Commission Expires: 110129 298345.1 EXHBIT A BEGINNING at an iron stake, Ivern Leroy Simmons' Southeast corner in James H. Simmons' line, and runs with said Ivern Leroy Simmons' line North 88° 00' West 100 feet to an iron stake, said Ivern Leroy Simmons' Southwest cornerin James H. Simmons' line; thence with James H. Simmons' line South 4° 45' West 195 feet to an iron stake, a new cornerin said line; thence a new line South 88° 00' East 100 feet to an iron stake, a new corner in James H. Simmons' line; thence with said line North 4° 45' East 195 feet to the beginning, containing 19,500 Square Feet, or 45/100 of an acre, more or less. Excepting from the property herein described is a right-of-way for a 10 foot road leading from Ivern Leroy Simmons' lot to County Road No. 1108. The Grantors herein named, also convey to Grantee, its successors and assigns, a right-of-way for a 10 foot road leading from the property herein described to County Road No. 1108. Prior Deed reference: Deed Book 1767 at Page 71; Deed Book 626 at Page 98 and Deed Book 521 at Page 478, Caldwell County Registry. 298345. 1 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 of this 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 pbosmmbmlisa The Town of Sawmills does not discriminate on thel 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 of Planning Activities $151.14 Comprehensive Plan Centents $151.01 LEGISLATIVE-AUTHORITY e $151.02 NFENFANDPURPOSE $151.03 MEETINGS. $151.04 RULESOFPROCEDRE $151.05 MINUTES. $151.06 ANNUALREPORI: $151.07 PLANNING.BOARDASPBCIRCAUTHORIPY-POWERS $151.08 COMPOSFTON-QVEACATON, APPOINTMENTS, TERMS, VACANCIES AND-REAPPOINFMENTS. $151.09 OFFICERS,COMMEFIEESANDCOMPENSATION $151.10 FISCAL-AFFARS. $151.11 STAFF-ANDCONSUETANTS, e $151.12 GENERAEPLANNING-AUTHORIPA $151.13 COORDINANTIONOPPEANNINGACEMETIBS $151.14 COMPREHENSIVE-PLAN 5 SAWMILLS - LAND USAGE $151.01 LEGISLATIVE AUTHORITY: This chapter is enacted pursuant to the provision of GS Chapter 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 ofaj 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 eut conducting plans; (F) Exercise any functions in the administration and enforcement of various means for earrying eutconducting 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 of Sawmills. (H) Perform any other duties that the Council may direct. (Ord., passed 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 ofthe department, and also the "Town of Sawmills Planning Board" and the "Town of Sawmills Board of Adjustment" that helps advise the Townand Council on other issues as defined in this ordinance. Fhisehapteris-madeimaceerdaneewith-GSi6A-36-amdisdesignedte-ereate eplammingloane-whicehsialehnewmsie-TowmefSailePammingBene", (Ord., passed ( 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 ofeach year by the Town ofSawmills Planning and GIS Department. The report shall include a comprehensive and detailed review of the activities, issues, problems 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: (I) 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. & 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-efthearewithinisurisdietiemendsaureundingareas: Detemineolieuiesielelypmseflesiyeres (3) Prepare-amdadeptplam-erachieingeheseobyeetives: (4) Daw-wwwwww-w thermeens-efearyimgoutplams-ineerimatedamtellieient-menner: (5) Adviselhe-Ceumikeenetansmemdnasefmamsberaryingoupams (6) #atwi-aw--w yigpitleCaueawydies (7) PerommanyelherehatdsheCeunelmaydiret (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 ofthe town and shall be appointed by the Town Council and twe(2) one () 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 He@alemamstwww ---dA 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 (I) year term. If a 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 of their second term. For the fourth appointment and any subsequent reappointments, Planning Board Members shall serve on three (3) year terms at the conclusion of each prior term until they are not reappointed at the conclusion ofat 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@memhreppeined wswPwON9-wprwt Oyw-O----prsfhA -sfAww-da ppeintmentste-yaeamsiesenth-Beardshal-belertheeeyearters: (C) A vacancy occurring in the membership of the Planning Board shall be filled for the unexpired term byt the Town Council or County Board ofCommissioners, asit appropriate. Awymemkerahalleagwermppeninen. (Ord.,passed (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 ofthe start ofa new term. The-term-ef GIA-haNtaw eventshal-hetemrforwhichlhememheriseppainedehete-the-PlammingBeard, (B) The Town Council or Planning Board may establish dye 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 of the Planning Board may receive compensation for duties as adopted by town council from time to time shallreeiverwenty-ivedellamst525) 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 TownofSawmills Planning and GIS Department Planning-Beard. Any disbursement of funds to the Townofs Sawmills 40 SAWMILLS - LAND USAGE Planning and GIS Department Planning-Beard shall be made in the same manner as any other funds oft the town that are disbursed. (B) The Town of Sawmills Planning and GIS Department Planning-Beard may accept any gift, 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. ywheToada (C) The Town of 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 for those 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 firstappointed 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 thati is needed to perform the work oft the Town ofSawmills Planning and GIS Department Planning-Beard. All staff authorized to conduct work on behalf of the Planning and GIS Department erthe-Plamming-Beard, 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 S 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 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 TownofSawmills Planning and GIS Department PlanningBeard shall have authority to make comprehensive studies of the present and future needs of the planning areal which includes the town and the ene-mile extraterritorial jurisdiction as adopted by the Town Council. The studies may include but-may-be-imited-te 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 of the 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 ofits studies and the preparation ofits plans, the Town ofSawmills Planning and GIS Department Planning-Beard shall have the duty to coordinate it planning activities with the planning activities ofthe counties, the municipalities, councils of government and other agencies, both public and private, which are located within the planning area. (Ord., passed (1 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 of the planning area in accordance with the laws ofthe state to the Town Council. After being reviewed When-adopted 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 ofthe 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 / mio@westconsulantscom 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 Joyilt bt4 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 LS $51,800.00 $170,000.00 3. Removal and Disposal of Existing Asphalt 4 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"E 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 1 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 tol New Meter) 300 LF $45.00 $38.50 16. New Meter Box with cast iron reader lid and setter (For 2" and 3/4" services) 7 EA $2,250.00 $3,200.00 17. Transfer Meter and Reconnect Services (for 2" and 3/4" services) 7 EA $780.00 $850.00 18. 15" Class IVI RCP 152 LF $92.00 $96.81 19. 18" Class IV RCP 40 LF $150.00 $130.75 20. Fire Hydrant Assembly - EA $9,701.00 $12,500.00 21. 2" Blow-off Assembly w/ Concrete Collars 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 of bids received by the Town of Sawmills for the Mill Drive Improvement Jegt on Thursday, February 20, 2025 at 2:00 PM. Jyht odd. J. Poteet, PE Z/5 O eE 06 . C AGENDA ITEM 9B MEMO DATE: March 18, 2025 SUBJECT: Planning Matters: 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 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 of Town 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 of the Town of Sawmills Code of Ordinances (the "Code"), alleging that the Property was and is "unfit for human habitation", as defined in the Code; and WHEREAS, a copy ofthe Complaint, which included the Notice ofHearing 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 ofthe 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 ofthe 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 ofthe 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 Regionals 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) 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) As 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 nabitable 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 Creative 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 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 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 Regiona/Solutionss 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) Atl 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 nstalled 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 RegiondiSolutionss 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) Ai minimum oft 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 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. Z 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 Regionais 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 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. V2-02072020 50 YEARS Western Piedmont NOTICE OF VIOLATION Council of Governments TOWN OF SAWMILLS Creative Regiondls 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 oremises 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. V2-02072020 50 YEARS Western Piedmont NOTICE OF VIOLATION Council of Governments TOWN OF SAWMILLS Creative Regionai Solutions Since 1968 WPCOG CODE ENFORCEMENT SERVICES 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: 2325P1wwmwpges 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 and/or 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 i Bob Floyd. jr., Vice Chair - Jil Patton, Secretaryl Johnny Berry. Treasurer - George B. Hoileman, Past Chair - At-Large Members: Wayne F. Abele. 5r. I Kitty W. Barnes I John F. Chip" Black I Joe Gibbons I Executive Director, Anthony W. Starr Serving: Aiexander County! Taylorsville! Burke County Connelly Springs) Drexell Glen Alpine Hildebran Morganton! Rutherford College Vaidese Caldweit County Cajah's Mountain Cedar Rock - Gameweil 1 Granite Fails 1 Hudson - Lenoir I Rhodhiss Sawmills Catawba County Brookford! Catawba : Claremont Conover Mickoryi Long View! 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. asth A - Curt Willis Code Enforcement Officer (828) 485-4263 or curtwills@wpcog.org Executivé Comimittee: Barbara C. Penneil, Chair - Bob Floyd. Jr., Vice Chair iJill Patton, Secretaryi johnny Berry. Treasurer George B. Holleman. Past Chair At-Large Mernbers: Wayne F. Abele. Sr. - Kitty W. Barnes I John E. Chip" Black - Joe Gibbons I Executive Director, Anthony W. Starr Serving: Alexander County! Taylorsvillel - Burke County Connelly Springs) : Drexel - Glen Alpine Hildebran Morganton!! Rutherford Collegel Valdese Caldwen County CajahsMauntain! Cedar Rock Gameweli I Granite Falls I Hudson I Lenoir I Rhodhiss - Sawmilis : Catawba County Brookford CMwbliwmoricower Hickoryi Long View Maiden Newton 50 YEARS Western Piedmont NOTICE OF VIOLATION Council of Governments TOWN OF SAWMILLS Creative Regionais Solutions Since 1968 WPCOG CODE ENFORCEMENT SERVICES Residential Minimum Housing 4126 Shoun Dr This is to certify that the following location isi in violation of ORDINANCE 25-01 ofthe Code of the Town of Sawmills. Fori more information, go "/geEesn - - - = - - - = - - = - = - - - 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..) 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, crawispace 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 neighborhod/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) AH hearing will be held with the Code Enforcement Officer at the Sawmills Town Hall on, 04APR23 at, 10AM This willl 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 the building demolished. 13MAR23 w Curt Willis, Code Enforcement Officer Date (828) 485-4263; curtwili@wPcOgOr xhibitA V2- 02072020 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 Fa a I - I A 3 e 50 YEARS Western Piedmont NOTICE OF VIOLATION Council of Governments TOWN OF SAWMILLS Creative Regionais Solutionss Since1 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 oft 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 speçific kitchen space, which contains a sink with counter workspace and has hot and cold running waterand adequate space for storing cooking utensils. V2-02072020 - a D P L 50 YEARS Western Piedmont NOTICE OF VIOLATION Council of Governments TOWN OF SAWMILLS Creative Regiona/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 ina 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-Dasement 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 minimumgnirty-galon capacity) furnishing hot water to each tub or shower, lavatory and, kitchen sink. 28 R V2- 02072020 - oIC - 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 nstallation 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 inusuch manner as determined by the National Electric Code, as adopted by the Town. V2- 02072020 - - Xhibit/ 50 YEARS Western Piedmont NOTICE OF VIOLATION Council of Governments TOWN OF SAWMILLS Creativel Regiond/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 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. Floors: a. No rotted or termite-damaged sills shall be allowed. b. No broken, overloaded or sagging sills shall be allowed. 5 C. Sills shall be reasonablylevel thibit V2- 02072020 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 xhiol I - - 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. 1 V2- 02072020 - - sas lbit 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 nstalled 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-ol-household occupant of a dwelling unit in a structure containing more than one (1) dwelling unit shall be responsible for such extermination whenever the dwelling unit is the only one infested. Whenever infestation is caused by failure of the owner to maintain a structure in a rodent proof or reasonably insect proof condition, extermination shall be the responsibility of the owner. Whenever infestation exists in two (2) or more 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 off 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. a - a a V2-02072020 I n ibit 50 YEARS Western Piedmont NOTICE OF VIOLATION Council of Governments TOWN OF SAWMILLS Creative Regional Solutions Since 1968 WPCOG CODE ENFORCEMENT SERVICES V. 02072020 - a 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 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 M Executive Committee: Barbara C. Penrell, Chair I Bob Floyd, Jr, Vice Chair Jill Patton, Secretary - Johnny Berry, Treasurer I George B. Holleman, Past Chair - At-Large Members: Wayne F Abele, St. I Kitty W. Barnes John F. Chip" Black Joe Gibbons Executive Director, Anthony W. Starr S Serving: Alexander County! Taylorsvillel Bucke County) Connelly Springs! Dr rexell GienAlpisellidebrant Morgant tonl Rutherford College IValdese Caldwel Countyl Cajah's Mountaini Cedar RockGameweln Granite Fa alist Hudson Lengir Rhodhiss Sawmills Catawba County Brookford Catawba! Claremont/Conovelr Hickory) Long' View Maiden Newton - 59953 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. TOL 1 ( & 3