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Attach 10-15-2019
®north carolina UNN city of duan 2YLre 60911911[L71C Maeeers P201 0-11b 2019 #1> Recognition of the 601flAnniversary of (First Eedera[Bank WHEREAS, First Federal Bank was first established as the First Federal Savings and Loan Association of Dunn in 1959, with its first organizational board meeting being held at City Hall on November 21, 1958; and WHEREAS, the bank opened its first branch in Dunn at 300 West Edgerton Street with John T. Simpson serving as the first Executive Vice President; and WHEREAS, First Federal Bank, formerly operated as First Federal Savings and Loan Association, provided many families in Dunn and the surrounding area the opportunity to accomplish the "American Dream" of home ownership; and WHEREAS, John H. Wellons was the prime motivator in the founding of the bank, serving as President until 1980, when he became Chairman of the Board. He served in that capacity until 2006, when he was named Chairman Emeritus; and WHEREAS, the Wellons family has always been a major influence in the bank's history with his brother, Calvin G. Wellons, being one of the founding board members and being named as Vice Chairman of the Board in 1981. Their brother, Charles Russell Wellons, was also a major shareholder at the bank; and WHEREAS, the Wellons family cast vision beyond the City of Dunn, as developing entrepreneurs, as they established foot prints across North Carolina based on solid Biblical principles; and WHEREAS, Robert P. Wellons, son of John H. Wellons was elected Chairman of the Board in 2006 and other members of the Wellons family continue to serve on the bank's board of directors; and WHEREAS, Clement E. Medley, Jr. was first hired with the bank in 1973, was promoted to Executive Vice President and Managing Officer in 1978, appointed President in 1981 and led the bank with skill and integrity until his retirement in 2016. Prior to his retirement, he was elected and still serves as Vice Chairman of the Board; and WHEREAS, under his leadership and that of the board, the bank was re -chartered as First Federal Savings Bank in 1988 and re - chartered in 2003 as First Federal Bank. The bank, headquartered at 200 E Divine Street in Dunn, has proven itself, not only as the oldest locally owned financial institution in Harnett County, but as a bank with a reputation of service, not just to its customers, but to the communities the bank's six branches serve; WHEREAS, community service has been a priority to First Federal Bank, as evidenced by the many contributions made by the bank, its officers, board members and employees. Both, John H. Wellons and Clem Medley, made community service a priority and both received the prestigious honor as Dunn's Man of the Year and have made significant contributions to Dunn's history and civic accomplishments, not limited to Mr. Medley's recent role in the establishment and successes of the Dunn Community Development Corporation and the Dunn Enrichment Center. NOW THEREFORE BE IT RESOLVED, I, Oscar N. Harris, Mayor of Durr, North Carolina, and on behalf of the City Council and citizens of Dunn, congratulate the Wellons family, President Jeffrey H. Whittington, the board of directors and the bank's staff and customers, as you celebrate the 60'h Anniversary of First Federal Bank of Dunn. BE IT FURTHER RESOLVED that we wish to express our sincere appreciation for the significant contributions made to our City, County, and our many community organizations and events throughout the Bank's 60 years of serving our community and its residents; and BE IT FURTHER RESOLVED that we wish First Federal Bank much success as you continue to fulfill your mission as a community bank providing excellent service to your customers and the communities you serve, Proclaimed this the 24'^ day of September, 2019 Oscar N. Harris, y ATTEST: Tamm Williams, ity Clerk DLINN _DN P2019-16(Attach #2> All•AmerieeGitty city of dune 10-15-2019 w4ere emmcfqr ntuEteta f M . 1989 * 2613 "Dunn Goes PinC for Friends Tighting Cancer WHEREAS, cancer is an insidious disease that severely impacts the lives of patients, their family members and friends, leaving no family immune; and WHEREAS, Friends Fighting Cancer, Inc., which began in 2000 as the Friends of the Cancer Center, is a 501(c)(3) non-profit organization, whose members are driven by the shared purpose of being advocates for cancer patients, who already have or are currently undergoing chemotherapy or other treatments for cancer; and WHEREAS, Friends Fighting Cancer is committed to celebrating life, as well as giving hope and encouragement to cancer patients and their families, by treating each person with compassion, while providing support that helps meet the patient's spiritual, emotional, financial and educational needs; and WHEREAS, Formic Godwin, a Dunn native and teacher at Dunn Middle School for 25 years, was diagnosed with breast cancer, endured surgery, radiation and chemotherapy with a determination and spirit that inspired her students as well as this community. Formic organized the first Laps for Life, which was held at Tart Park, to raise money for Friends of the Cancer Center in 2011; and WHEREAS, Formic continued to be involved in Laps for Life through another diagnosis in 2012 and 2013 and when her cancer recurred in 2014, the name of the event was changed to Formic Godwin's Laps for Life, in her honor. Mrs. Godwin passed on March 31, 2015 and Laps for Life continued beyond her death to raise funds for Friends Fighting Cancer; and WHEREAS, The Friends changed the Walk in 2018 into a Celebration in memory of Mrs. Godwin, in celebration of cancer survivors, and in remembrance of all those we have lost to this dreaded disease. This year's Celebration is set for Friday, October 25, 2019 from 6:00 to 11:00 p.m. at The Barrington House in Dunn and "Dunn Goes Pink" has been added as a featured part of this year's Celebration. NOW THEREFORE BE IT RESOLVED, I, Mayor Oscar N. Harris, on behalf of the City Council and of the residents of the City of Dunn, North Carolina, congratulate Friends Fighting Cancer on the upcoming celebration fundraiser and urge all residents of the City of Dunn and the surrounding area to support and participate in "Dunn Goes Pink" set for Friday, October 25, 2019, by wearing your pink in honor and remembrance of anyone who has battled cancer; and BE IT FURTHER RESOLVED that we also extend our gratitude to Friends Fighting Cancer, for their efforts in supporting our family and friends fighting this dreaded disease, and further encourage community support of this worthwhile organization and its cause. 9his the IS'fi day of Octo6er, 2019. LLAIcar N. Harris, ay r r. ATTEST: Tann y Williams 'ity Clerk W-JUUNN DmeNN P2019-17lAttach #3) Ali•A1aePica Ci41 10-15-2019 city of dunn where G07JL771[C7lG xaE%YT wm�l m ° 1989'[ 2013 12ecognition of veterans lay 2019 WHEREAS, Veterans Day is an annual holiday in the United States honoring military veterans and is observed on November l Ith; and WHEREAS, The American Legion is a membership organization of United States Veterans, established by Congress in 1919 to provide an opportunity for veterans to continue serving their country; and WHEREAS, American Legion Post 59 and American Legion Auxiliary Unit 59 recently celebrated the 100`h Anniversary of The American Legion, American Legion Auxiliary and American Legion Post 59 on September 12, 2019 at the Post 59 home in Dunn, with special guests from around the state, honoring those veterans who made this anniversary possible; and WHEREAS, on Veterans Day, we reflect upon the invaluable contributions of our country's veterans and reaffirm our commitment to provide them and their families with the support they have earned; and WHEREAS, on Veterans Day, we pay tribute to the service and sacrifice of the men and women who bravely defended our freedom; and WHEREAS, these remarkable individuals have helped to make our nation secure and to advance the cause of freedom worldwide. By answering the calls of duty and rislcing their lives to protect their fellow countrymen, these patriots have inspired the nation with their courage and dedication; and WHEREAS, the restoration of the observance of Veterans Day not only preserves the historical significance of the date, but helps focus attention on the important purpose of Veterans Day: A celebration to honor America's veterans for their patriotism, love of country, and willingness to serve and sacrifice for the common good. NOW THEREFORE BE IT RESOLVED, I, Mayor Oscar N. Harris, do hereby proclaim November 11, 2019 as "Veterans Day" in the City of Dunn and, on behalf of the City Council and the residents of Dunn and all those who call Dunn home, extend our heartfelt gratitude to our Veterans, and congratulate The American Legion and American Legion Post 59 on their 100th Anniversary, and encourage our community to recognize the valor and sacrifice of our veterans and to show honor due them through appropriate ceremonies and by uplifting our veterans in your prayers. 21iis tke 151k day of Octo6er, 2019. Oscar N. Harris,QW110"- M To Tammy Williams You replied to this message on 10/2/2019 2:08 PM Message [ l PALLET COMPANYjpg (79 KB) Cost is $127.37. 1 apologize for the delay. On 9/27/2019 3:23 PM, Tammy Williams wrote: Attachment 4 10-15.2019 Please run the attached ad on October 3, 2019 and please send price and proof at your earliest convenience. Thanks! ram*ny waw my City Clerk City of Dunn 910-230-3501 NOTICE OF PUBLIC HEARING The Dunn City Council will hold a public hearing concerning a proposed agreement to extend economic incentives to Pallet Consultants of North Carolina, Inc., a North Carolina Corpora- tion (PCNC) which intends to lease, upfit and reuse that indus- trial building located at 2 Dinan Road, Dunn, Harnett County, NC 28334, in order to establish and operate a pallet manufac- turing facility. Said public hearing shall take place on Tuesday, October 15, 2019 at 7:00 PM during the regular meeting of the Dunn City Council at the City Council Chambers located in the Dunn City Hall, located at 401 East Broad Street, Dunn NC 28334. At that time, any person who wishes to be heard concerning the appropriation of the economic Incentives may appear before the City Council. The proposed economic incent- ive packs a will Include five (5) annual Incentive grants to be paid to PCNC from any available fund sources of the City, which will be calculated to be in amounts equal to a portion of the property taxes to be paid by PCNC, assuring a positive return on investment for the City. This facility projectsite with machinery and equipment will include a capital investment of approximately $3.7 million. During the five (5) year Incentive period, fifty (50) full time jobs with an average annual wage of $38,360.00 will be created as a result of the opperation of this manufacturing facility. Subject to any Information received at the public hearing, it is the intention of the Dunn City Council to approve the incentive appropriation agreement subject to various restrictions and conditions mandated by N.C. General Statutes §158.7.1, Tammy Williams City Clerk 1013/19 Wed 10/2/2019 1:49 PM N �M classifieds@rnydailyrecord.com Re: Legal Notice To Tammy Williams You replied to this message on 10/2/2019 2:08 PM Message [ l PALLET COMPANYjpg (79 KB) Cost is $127.37. 1 apologize for the delay. On 9/27/2019 3:23 PM, Tammy Williams wrote: Attachment 4 10-15.2019 Please run the attached ad on October 3, 2019 and please send price and proof at your earliest convenience. Thanks! ram*ny waw my City Clerk City of Dunn 910-230-3501 NOTICE OF PUBLIC HEARING The Dunn City Council will hold a public hearing concerning a proposed agreement to extend economic incentives to Pallet Consultants of North Carolina, Inc., a North Carolina Corpora- tion (PCNC) which intends to lease, upfit and reuse that indus- trial building located at 2 Dinan Road, Dunn, Harnett County, NC 28334, in order to establish and operate a pallet manufac- turing facility. Said public hearing shall take place on Tuesday, October 15, 2019 at 7:00 PM during the regular meeting of the Dunn City Council at the City Council Chambers located in the Dunn City Hall, located at 401 East Broad Street, Dunn NC 28334. At that time, any person who wishes to be heard concerning the appropriation of the economic Incentives may appear before the City Council. The proposed economic incent- ive packs a will Include five (5) annual Incentive grants to be paid to PCNC from any available fund sources of the City, which will be calculated to be in amounts equal to a portion of the property taxes to be paid by PCNC, assuring a positive return on investment for the City. This facility projectsite with machinery and equipment will include a capital investment of approximately $3.7 million. During the five (5) year Incentive period, fifty (50) full time jobs with an average annual wage of $38,360.00 will be created as a result of the opperation of this manufacturing facility. Subject to any Information received at the public hearing, it is the intention of the Dunn City Council to approve the incentive appropriation agreement subject to various restrictions and conditions mandated by N.C. General Statutes §158.7.1, Tammy Williams City Clerk 1013/19 T 10/1/2019 2:19 PM Connie Jet-nic�an FW: Revised: Notice of Public Hearing Tammy Williams McSsage;,: ! REVISED USDA LOAN,jpg (46 KB) Attachment 6 10-16-2019 From: classi€ie_ds@mydailyrecord.com [mailtn:classifietis m dailycecord.c©mj Sent: Tuesday, October 1, 2019 12:26 PM To: Connie Jernigan <0ernkan dune-nc.org3 Subject: Re: Notice of Public Hearing Cost is $ 95.51 On 9/26/2019 2:58 PM, Connie Jernigan wrote: Hi Martha, Please run this public hearing notice in next Wednesday's 10/2 paper. We will need an affidavit. Thank you, Connie Jernigan Administrative Support Specialist II City of Dunn PO Box 1065 Dunn, NC 28335 City of Dunn Tel: 910-230-3500 Fax: 910-230-3590 Notice of Public Hearing ciemiaan(a�dum.nc...org USDA Loan Purchase of Police/Water and Sewer/Public Works/ Parka and Recreation Equipment and Vehicles The City Council of the City of Dunn will hold a public hearing on October 15, 2019 at 7:00 p.m. in the courtroom of the Dunn Municipal Building, 401 E. Broad Street, Dunn, NC. It is the desire of the Dunn City Council to secure loans and grants from the United States Department of Agriculture, Rural Develop- ment for the purchase of four (4) police vehicles and related equipment, a leaf vacuum and collection box, two mowers, a bunker and field rake, for Public Works and Recreation, and for Water and Sewer Department: a tractor, and Excavator and trailer, two trucks and a fixed mounted Generator. Assets acquired by the City may be encumbered to secure any loan obtained. The public is invited to attend the meeting and comment on the proposed action. 10/2119 DUNN CITY COUNCIL PUBLIC HEARING NOTICE Attachment s 10-16-2019 Notice is hereby given that the City Council of the City of Dunn, North Carolina under authority of Chapter 160-A, Section 364 of the N.C. General Statutes will hold a PUBLIC HEARING at 7:00 p.m. on OCTOBER 15, 2019 in the courtroom of the Dunn Municipal Building. The following items will be discussed: AMENDMENTS TO SECTION 18 — Solid Waste Management Revisions under consideration are: 18-1 Definitions 18-2 Uncontrolled growth, accumulation - Prohibited All persons desiring to be heard either for or against the proposed items set forth above are requested to be present at the abovementioned time and place. ADVERTISE: October 4, 2019 October 8, 2019 Attachment 7 LEGAL NOTICE 10-15.2019 NOTICE IS HEREBY GIVEN THAT THE CITY COUNCIL OF THE CITY OF DUNN, NORTH CAROLINA, UNDER AUTHORITY OF CHAPTER 160A, SECTION 364 OF THE GENERAL STATUTES OF NORTH CAROLINA, WILL HOLD A PUBLIC HEARING AT 7:00 Y.M. ON OCTOBER 15, 2019 IN TFIE COURTROOM OF THE DUNN MUNICIPAL BUILDING. THE FOLLOWING ITEMS WILL BE DISCUSSED. PUBLIC HEARING: (1) A HEARING WAS HELD ON MAY 24, 2019 IN REFERENCE TO THE DWELLING LOCATED AT 309 E. HARNETT ST. AT SAID HEARING, EVIDENCE WAS GIVEN TO SHOW THAT THE PROPERTY IS IN VIOLATION OF THE CITY OF DUNN MINIMUM HOUSING CODE AND N.C.G.S. 160A - 428. AN ORDER WAS ALSO PLACED TO OWNER(S), WILL COVINGTON TO REPAIR OR DEMOLISH SAID DWELLING. TO DATE, NO RESPONSE HAS BEEN MADE. THEREFORE, IT WILL GO BEFORE THE CITY COUNCIL TO ADOPT AN ORDINANCE TO HAVE THE DWELLING REMOVED AND ALL COSTS INCURRED BE A LIEN AGAINST THE PROPERTY. (2) A HEARING WAS HELD ON JULY 30, 2019 IN REFERENCE TO THE DWELLING LOCATED AT 404 E. TOWNSEND ST. AT SAID HEARING, EVIDENCE WAS GIVEN TO SHOW THAT THE PROPERTY IS IN VIOLATION OF THE CITY OF DUNN MINIMUM HOUSING CODE AND N.C.G.S. 160A - 428. AN ORDER WAS ALSO PLACED TO OWNER(S), HOYLE PROPERTIES, TO REPAIR OR DEMOLISH SAID DWELLING. TO DATE, NO RESPONSE HAS BEEN MADE. THEREFORE, IT WILL GO BEFORE THE CITY COUNCIL TO ADOPT AN ORDINANCE TO HAVE THE DWELLING REMOVED AND ALL COSTS INCURRED BE A LIEN AGAINST THE PROPERTY. (3) A HEARING WAS HELD ON AUGUST 14, 2019 IN REFERENCE TO THE DWELLING LOCATED AT 704 E. DIVINE ST. AT SAID HEARING, EVIDENCE WAS GIVEN TO SHOW THAT THE PROPERTY IS IN VIOLATION OF THE CITY OF DUNN MINIMUM HOUSING CODE AND N.C.G.S. 160A - 428. AN ORDER WAS ALSO PLACED TO OWNER(S), ROSA LEE COXUM, TO REPAIR OR DEMOLISH SAID DWELLING. TO DATE, NO RESPONSE HAS BEEN MADE. THEREFORE, IT WILL GO BEFORE THE CITY COUNCIL TO ADOPT AN ORDINANCE TO HAVE THE DWELLING REMOVED AND ALL COSTS INCURRED BE A LIEN AGAINST THE PROPERTY. (4) A HEARING WAS HELD ON MARCH 29, 2019 IN REFERENCE TO THE DWELLING LOCATED AT 123 SPRING BRANCH RD. AT SAID HEARING, EVIDENCE WAS GIVEN TO SIIOW THAT THE PROPERTY IS IN VIOLATION OF THE CITY OF DUNN MINIMUM HOUSING CODE AND N.C.G.S. 160A-428. AN ORDER WAS ALSO PLACED TO OWNER(S), STACEY HARPER, TO REPAIR OR DEMOLISH SAID DWELLING. TO DATE, NO RESPONSE HAS BEEN MADE. THEREFORE, IT WILL GO BEFORE THE CITY COUNCIL TO ADOPT AN ORDINANCE TO HAVE THE DWELLING REMOVED AND ALL COSTS INCURRED BE A LIEN AGAINST THE PROPERTY. ALL PERSON DESIRING TO BE HEARD, EITHER FOR OR AGAINST THE PROPOSED ITEMS SET FORTH ABOVE, ARE REQUESTED TO BE PRESENT AT THE ABOVE MENTIONED TIME AND PLACE. STEVEN DING CHIEF BUILDING INSPECTOR CITY OF DUNN Advertise: October 1, and October 8, 2019 Attachment 8 10-15.2019 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that a PUBLIC MEETING will be held by the CITY OF DUNN PLANNING BOARD on SEPTEMBER 24, 2019 at 6:30 P.M. and a PUBLIC HEARING will be held by the CITY COUNCIL OF THE CITY OF DUNN on OCTOBER 15, 2019 at 7:00 P.M. in the COURTROOM of the DUNN MUNICIPAL BUILDING for the purpose of considering the following item: CONDITIONAL USE APPLICATION CU -01-19 DeAngelo Jackson (Applicant) Pin# 1506-89-9238.000 This is a request to allow a Certified Adult Day Care as a conditional use of a property zoned O&I, Office & Institutional. This property is 1.06 +/- acres and is located at 1107 Erwin Rd. All persons desiring to be heard either for or against the proposed item set forth above are requested to be present at the above mentioned time and place. Copies of the proposed item are available for review at the DEPARTMENT OF PLANNING during normal business hours Monday through Friday. Written comments may be addressed to: PLANNING DEPARTMENT CITY OF DUNN P.O. BOX 1065 DUNN, NC 28335 ADVERTISE: September 17, 2019 September 24, 2019 October 1, 2019 north carotlna DUN WADUNN All -America City city of (11,1111 R2019-26(Attach #9) 10-15-2019 wore cavzvi �:i vnaters 1989' 2013 urging Residents to Observe a Safe and Courteous Ylaffoween BE IT RESOLVED BY THE City Council of the City of Dunn that residents who desire to participate in traditional Halloween Trick -or -Treating observe certain safety, courtesy and common sense guidelines to protect participants and preserve the peace for non -participants. And, be it resolved that the City Council suggests the following guidelines: (1) That Halloween Trick -or -Treating should take place on Thursday, October 31, 2019 and should be restricted to children under the age of 13. (2) That all children taking part in Trick -or -Treating should be clothed in safe costumes, featuring materials that can be seen in the dark by motorists and masks that do not obstruct the children's vision. (3) That all children or groups of children taking part in Trick -or -Treating should be accompanied by a responsible older person who can protect the children from harm. (4) That Trick -or -Treating be conducted during reasonable hours, preferably between 5:00 p.m. and 8:30 p.m. (5) That those who choose not to participate in Halloween indicate so to others by leaving their porch lights off; and, that participants respect the wishes of those who choose not to participate in Halloween by not visiting homes where porch lights are off. (6) That children Trick -or -Treat in their own neighborhoods, visiting only familiar homes. (7) That parents and/or guardians inspect collected treats carefully before they are consumed by children. (8) That suspicious activities or collected treats that show signs of tampering be reported immediately to the Dunn Police Department. (9) That teenagers (ages 13-19) refrain from participating in Trick -or -Treating. Adopted7Fis, the IS' Day of octo6er, 2019. tl(_�fi j € r 141A,,Le� 0s6bar N. Harris, May& 7 k 04 Attest: Tan�ty Williaipl City Cleric U city of dunn �r�re -0VMff9F matters P2019-18fi to 9 #10) National Friends of Libraries Week WHEREAS, Friends of the Dunn Public Library raise money that enables our library to move from good to great - providing the resources for additional programming, much needed equipment, support for children's summer reading, and special events throughout the year; and WHEREAS, the work of the Friends highlights the fact that our library is the cornerstone of the community providing opportunities for all to engage in the joy of life-long learning and connect with the thoughts and ideas of others from ages past to the present; and WHEREAS, the Friends understand the critical importance of well -funded libraries and advocate to ensure that our library gets the resources it needs to provide a wide variety of services to all ages including access to print and electronic materials, along with expert assistance in research, readers' advisory, and children's services; and WHEREAS, the Friends' gift of their time and commitment to the library sets an example for all in how volunteerism leads to positive civic engagement and the betterment of our community. NOW, THEREFORE, BE IT RESOLVED that I, Mayor Oscar N. Harris, do hereby proclaim October 20-26, 2019 as Friends of Libraries week in Dunn, North Carolina, and on behalf of the City Council and the residents of Dunn, extend our gratitude for all the support and efforts of the Friends of the Dunn Public Library and urge everyone to join this great group of volunteers in their efforts to make our library and community so much better. (Chis the ISf� day of October, 2019. 0 I" l Oscar N. Harris, a or ATTEST: Tamr Willia r City Cleric R2019-27(Attach 11) 10-15-2019 NORTH CAROLINA RESOLUTION TO ENTER INTO AN INCENTIVE AGREEMENT WITH HARNETT COUNTY PALLET CONSULTANTS OF NORTH CAROLINA, INC. THAT WHEREAS, the City of Dunn ("City") has made economic development in City of Dunn a major priority in an effort to recruit new industry and businesses to the City, to replace displaced industry previously located in the City, to retain and/or expand current industry located in the City, to provide local job opportunities for citizens of the City, and to increase the City tax base; and WHEREAS, Pallet Consultants of North Carolina, Inc. ("PCNC") is a North Carolina corporation with its principal office located at 810 NW 13th Ave., Pompano Beach, Florida 33069; that PCNC has decided to locate a pallet manufacturing facility (the "Facility") which will be located at 2 Dinan Road, Dunn, NC 28334, with the intent to apply for the City's economic development incentives. PCNC will enter into a long-term lease of an approximate 4.01 acre tract of real property tract upon which is located an approximate 41,920 square feet industrial building which will be renovated and upfitted by PCNC into its Facility which is projected to become operational no later than December 2019. In developing this Facility in the City of Dunn, PCNC plans to invest $3,700,000 and create approximately fifty (50) full-time jobs; and WHEREAS, based upon PCNC's location of its pallet manufacturing Facility in the City of Dunn, the establishment of a direct investment tax base, and the creation of fifty (50) full-time j obs, the City is willing to appropriate certain economic incentives in the form of monetary grants to PCNC pursuant to the provisions of N.C. General Statutes § 158-7.1 which allows cites to make appropriations for the purpose of aiding and encouraging the location and/or expansion of manufacturing enterprises and industrial and commercial facilities in the City; and WHEREAS, the City and PCNC have negotiated an economic development incentive package which includes incentives to be paid to PCNC in the form of a grant of a maximum eighty percent (80%) of City ad valorem taxes paid by PCNC over a five (5) year period, which said incentive payments or portions thereof are dependent on PCNC's performance of various incentive conditions including the creation and maintenance of fifty (50) full-time jobs that meet certain wage levels pursuant to a job creation five (5) year schedule. That an instrument entitled "Pallet Consultants of North Carolina, Inc. and City of Dunn, North Carolina Incentive Agreement" ("Incentive Agreement") which is attached to this Resolution as Exhibit A has been prepared for agreement between the parties to comply with the provisions of N.C. General Statutes § 158-7.1; that pursuant to N.C. General Statutes §158-7.1(c) and a published Notice of Hearing, a public hearing was held on October 15, 2019 concerning the terms of the proposed Incentive Agreement; that subsequent to the close of said public hearing and after deliberations, it is the desire of the Dunn City Council to approve the appropriation of this Incentive Agreement with PCNC subj ect to those terms contained within said Agreement. NOW, THEREFORE, BE IT RESOLVED by the Dunn City Council that the Incentive Agreement attached hereto as Exhibit A between the City and PCNC is hereby approved, and that the proper officials of the City are hereby authorized to enter into the Incentive Agreement with PCNL. R This the 151h day of October, 2019. CITY OF DUNN GpRPORgT�:� ,GO SEA1- a$y' ATTEST: ''•,9Ty'CARO��?�a Oka N. Harris,' ayor EXHIBIT A PALLET CONSULTANTS OF NORTH CAROLINA, INC. and CITY OF DUNN, NORTH CAROLINA INCENTIVE AGREEMENT Dated as of October 15, 2019 INCENTIVE AGREEMENT THIS INCENTIVE AGREEMENT is dated as of October 15, 2019 (as supplemented or amended, the "Agreement"), and is between PALLETT CONSULTANTS OF NORTH CAROLINA, INC., a North Carolina Corporation ("PCNC") and CITY OF DUNN, NORTH CAROLINA, a public body politic and a political subdivision of the State of North Carolina (the "City"), with each being referred to as a "Party", and both being referred to cumulatively as the "Parties". RECITALS: The purpose of this Agreement is to describe certain incentives to be provided by the City to PCNC in connection with the PCNC's location of a manufacturing facility in the City. NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained in this Agreement, the parties hereby agree as follows: ARTICLE I DEFINITIONS; RULES OF CONSTRUCTION 1.01. Definitions. For all purposes of this Agreement, unless the context requires otherwise, the following terms shall have the following meanings: "Abandonment of Operations" means that for a period in excess of two (2) weeks PCNC's level of Full Time Employees or Direct Investment goes below twenty percent (20%) of the guaranteed minimum levels of Performance Commitments for Full Time Employees or projected amounts of Direct Investment. "Business Day" means any day that is not a Saturday or a Sunday, or a day on which banks in the State are required by law to be closed. "Change in Use" means any reduction in or diversion of use of the Facility which would not provide the guaranteed Performance Commitments of Full Time Employees, as set forth in Article II which are less than an Abandonment of Operations. "Closing Date" means the date on which this Agreement is first executed and delivered by the parties. "Direct Investments" means the original tax value of all building improvements and machinery and equipment placed by PCNC on the ad valorem tax rolls, regardless of the funding sources for said property. "Facility" means the manufacturing facility intended to be leased, renovated and occupied by PCNC on the site, as more particularly described in Exhibit A. The number of "Full Time Employees" means the number of employees hired who will be paid on the basis of forty (40) hours per week or two thousand eighty hours (2080) per year, who are paid average wages of thirty eight thousand three hundred and sixty dollars ($38,360) per year, or eighteen dollars and forty four cents ($18.44) per hour, and who are provided health insurance coverage by PCNC with PCNC paying at least fifty percent (50%) of the premiums for such coverage. "Incentives" means the various incentive payments from all sources referred to in this Agreement to PCNC. "Performance Commitments" means the levels of Full Time Employees to be hired by PCNC in relation to PCNC's operations in the Facility pursuant to Article II of this Agreement. "State" means the State of North Carolina. 1.02 Rules of Construction. Unless the context otherwise indicates: (a) Words importing the singular shall include the plural and vice versa, and words importing the masculine gender shall include the feminine and neuter genders as well; (b) All references to Articles, Sections or Exhibits are references to Articles, Sections and Exhibits of this Agreement; (c) All references to officers are references to City officers; and (d) The headings and Table of Contents herein are solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meanings, construction or effect. ARTICLE II PCNC'S PERFORMANCE COMMITMENTS In return for the Incentives set forth herein, which are a competitive necessity for PCNC to choose to locate its Facility in the City, PCNC commits to certain Performance Commitments related to jobs created and incrementally increased taxes in the City. For the City to provide incentives to support the location of the Facility in the City there must be a competitive offer from another potential location for this Facility, and but for the provision of the incentives contemplated by this Agreement, PCNC would not locate its Facility in the City. Previous to the execution of this Agreement, PCNC has provided to the City evidence of a competitive alternative location for this Facility, which is satisfactory in the City's discretion. The Parties aclarowledge and agree that the consideration for the City to enter into this Agreement is the expectation that PCNC will meet or exceed these Performance Commitments. Specifically, PCNC agrees to meet or exceed the following Performance Commitments: (a) PCNC will create and maintain in the Facility for the term of this Agreement, jobs for at least fifty (5 0) Full Time Employees, with this number of jobs being created in the following amounts no later than December 31 of each of the following years: 2020 29 2021 17 2022 0 2023 4 2024 0 Total Full time Employees 50 (b) PCNC agrees that the average wage level of all Full Time Employees in the Facility shall be no less than eighteen dollars and forty-four cents ($18.44) per hour. Benefits will be provided which will include, but not be limited to, PCNC providing health insurance coverage for its employees, with PCNC paying at least fifty (50%) of the cost for such coverage. (c) PCNC is expected to make and maintain initial Direct Investments in building leasehold renovations or construction and personal property equal to approximately three million seven hundred thousand dollars ($3,700,000), and the taxable property resulting from these Direct Investments shall remain in the City subject to ad valorem tax assessments for the full term of this Agreement. Direct Investments shall not include the current property tax valuations of the land and building in which the Facility will be located as those valuations are shown on the property tax records of the City as of the date of the date of this Agreement which is three hundred forty one thousand eight hundred and ninety dollars ($341,890). It is understood that Direct Investments will be made over a period of time on a phased basis from the date of this Agreement through December 31, 2024. PCNC's failure to make this anticipated level of Direct Investments, will not constitute a default Linder this Agreement, but the amounts of annual incentive grants will be affected based on the formula set forth in Section 3.01 of this Agreement. 4 Confirmations of PCNC's attainment as to Performance Commitments shall be as follows. The amount of Direct Investments shall be the amount of the tax value for the Facility real property leased by PCNC over the initial value of $341,890.00 and for all property owned by PCNC in the City as shown on the Business Real and Personal Property Tax Listings, for each year that new investments are made. The number of Full Time Employees and average wage level shall be determined by the data shown on filings of foutth quarter NCUI Form 101 with the N.C. Employment Security Commission as to unemployment compensation taxes. The City may in its discretion require other documentation to verify the attainment of these Performance Commitments. ARTICLE III CASH INCENTIVES 3.01 Economic Development Incentive Grants. The City commits to pay to PCNC grants in the future pursuant to its Economic Development Incentive Grant program. These future grants are estimated be in the total cumulative amount of seventy six thousand five hundred thirty four dollars ($76,534), based on current projections by PCNC of Direct Investments and Full Time Employees. But the total cumulative amount may vary if there is a Change in Use or Abandonment of Operations. The City shall pay to PCNC five annual installments of Incentives. The amount of each annual installment of Incentives shall be calculated as eighty percent (80%) of property taxes paid by PCNC attributable to its Direct Investments, unless such amount is reduced by a Change in Use attributable to a short fall in Full Time Employees, as set forth in Section 3.02 below. The above calculation of annual installments of Incentives is used for convenience and to assure that the City realizes a positive return on its investment in and inducement of this project and does not represent a refund of property taxes paid. The first annual installment of Incentives shall be paid in 2021 for PCNC's attainment of Performance Commitment as of December 31, 2020 for Full Time Employees and the amount as of January 1, 2021 for Direct Investments. Future annual installments of Incentives shall be paid in each of the next four (4) years. For each year when an annual incentive grant is to be paid for the previous year, PCNC will provide to the City no later than March 31 of that year a letter stating how many employees were on the payroll of PCNC and the amount of capital investments made by PCNC in improvements to the Facility and in personal property as of December 31 of the prior year. That letter will have as an attachment the NCUI Form 101 which was filed by PCNC for the fourth quarter of the previous year. Each annual installment of Incentives will be paid within thirty (30) days after PCNC has paid its property taxes for each grant year. 3.02 Reduction in Amounts of Grants. If a Change in Use occurs in any year of the term of this Agreement during which Incentives are being paid pursuant to Section 3.01 above whereby the number of Full Time Employees for the prior year (if applicable for that year) is less than the Performance Commitments, any annual installments of Incentives pursuant to Section 3.01 which are payable in that year shall be reduced. The amount of reduction of annual 5 installments of Incentives grant shall be calculated as the same percentage by which there is a shortfall in Full Time Employees. For example, at the end of 2020, if PCNC is ten percent (10%) short in the number of Full Time Employees, then the amount of the annual installment of the Incentives grant for 2021 shall be reduced by ten percent (10%). 3.03 Abandonment of Operations. If in any year of the term of this Agreement PCNC has an Abandonment of Operations, the City shall have no further obligation to pay annual installments of Incentives for any year following an Abandonment of Operations. 3.04 Source of Funds. The Parties agree that the Incentives payments to be made by the City pursuant to this Article III may be paid from any fund source of the City's choosing which is not restricted as to the use of those funds. ARTICLE IV CONSTRUCTION OF FACILITY The Parties agree that construction of renovations to the Facility shall be solely PCNC's responsibility. PCNC shall cause the construction to be carried on in accordance with all applicable State and local laws and regulations. PCNC shall insure (1) that the Facility does not encroach upon nor overhang any easement or right-of-way and (2) that the Facility, when erected, will be wholly within any applicable building restriction lines, however established, and will not violate applicable use of other restrictions contained in prior conveyances or applicable protective covenants or restrictions. PCNC shall cause all utility lines, and streets serving the Facility, which are located within the metes and bounds of the site on which the Facility is located, to be completed in accordance with health department standards and other applicable regulations of any governmental agency having jurisdiction. PCNC shall pay all taxes and all charges for utility services furnished to or used on or in connection with the Facility. PCNC shall bear all risk of loss to and condemnation of the Facility. PCNC shall observe and comply promptly with all current and future orders of all courts and regulatory bodies having jurisdiction over the Facility or any portion thereof (or be diligently and in good faith contesting such orders), and all current and future requirements of all insurance companies writing policies covering the Facility or any portion thereof. ARTICLE V INDEMNIFICATION PCNC hereby agrees to indemnify, protect and save the City and its officers, directors and employees harmless from all liability, obligations, losses, claims, damages, actions, suits, proceedings, costs and expenses, including reasonable attorneys' fees, arising out of, connected with, or resulting directly or indirectly from the Facility or the transactions contemplated by or 6 relating to this Agreement, including without limitation, the possession, condition, construction or use thereof, insofar as such matters relate to events subject to the control of PCNC and not the City. The indemnification arising under this Article shall survive the Agreement's termination. ARTICLE VI TERMINATION OF AGREEMENT PCNC shall have the option of terminating this Agreement upon failure of the City, to make incentive payments, as provided for in Article III of this Agreement. The City shall have the option of terminating this Agreement upon an Abandonment of Operations by PCNC, which option shall be executed by giving written notice to PCNC. In any event, the above terms notwithstanding, this Agreement shall terminate at the end term of this Agreement, which is defined as the period of time from the date of this Agreement until the last annual installment of Incentives is paid pursuant to Section 3.01 of this Agreement. ARTICLE VII ADJUSTMENTS OF PERFORMANCE TARGETS The Parties to this Agreement agree that if PCNC determines in the future that it can significantly exceed the Performance Commitments of Direct Investment or of Full Time Employees, but will need less than the Performance Commitments of the other measure, all parties will negotiate in good faith to amend the agreed upon Performance Commitments and formulations for reductions set forth in Article III of this Agreement. ARTICLE VIII TEMPORARY REDUCTIONS IN PERFORMANCE COMMITMENTS Notwithstanding anything herein to the contrary, if PCNC shall be prevented or delayed from fulfilling, or continuing to fulfill, either or both of the Performance Commitments as set forth in herein, by reason of a: (a) Goverrnuent moratorium; (b) Delay in obtaining any govermilental or quasi -governmental approvals, permits or certificates, despite reasonable efforts by PCNC to obtain same; (c) Enemy or hostile governmental or terrorist action; 7 (d) Act of God, including but not limited to hurricane, tornado, snowstorm, windstorm, earthquake or flood, fire or other extreme weather conditions or other casualty; (e) Strike, lockout or a labor dispute involving entities other than PCNC which causes PCNC an inability to obtain labor or materials; (f) Delay in funding from any state or local government incentive to or for the benefit of PCNC; or; (g) Any other event, other than normal business exigencies, which is beyond the reasonable control of PCNC. then the Performance Commitments for the year(s) in which such event occurred shall be equitably reduced to reflect the effect of such event. The Parties shall negotiate in good faith to make an equitable reduction in the Performance Commitments for an affected year(s). However, if the Parties cannot in good faith reach an agreement as to such adjustment, the Parties agree to submit this issue to binding arbitration on an expedited basis. ARTICLE IX ASSIGNMENTS No Party shall sell or assign any interest in or obligation under this Agreement without the prior express written consent of the due Party. Provided, however, that this Agreement may be assigned by PCNC to a wholly owned subsidiary of PCNC, without the consent of the City, provided that PCNC will guarantee the performance by the Subsidiary of the obligations due under this Agreement. ARTICLE X LIMITED OBLIGATION OF CITY NO PROVISION OF THIS AGREEMENT SHALL BE CONSTRUED OR INTERPRETED AS CREATING A PLEDGE OF THE FAITH AND CREDIT OF THE CITY WITHIN THE MEANING OF ANY CONSTITUTIONAL DEBT LIMITATION. NO PROVISION OF THIS AGREEMENT SHALL BE CONSTRUED OR INTERPRETED AS DELEGATING GOVERNMENTAL POWERS NOR AS A DONATION OR A LENDING OF THE CREDIT OF THE CITY WITHIN THE MEANING OF THE STATE CONSTITUTION. THIS AGREEMENT SHALL NOT DIRECTLY OR INDIRECTLY OR CONTINGENTLY OBLIGATE THE CITY TO MAI(E ANY PAYMENTS BEYOND THOSE APPROPRIATED IN THE CITY'S SOLE DISCRETION FOR ANY FISCAL YEAR IN WHICH THIS AGREEMENT SHALL BE 8 IN EFFECT. NO PROVISION OF THIS AGREEMENT SHALL BE CONSTRUED TO PLEDGE OR TO CREATE A LIEN ON ANY CLASS OR SOURCE OF THE CITY'S MONEYS, NOR SHALL ANY PROVISION OF THE AGREEMENT RESTRICT TO ANY EXTENT PROHIBITED BY LAW, ANY ACTION OR RIGHT OF ACTION ON THE PART OF ANY FUTURE CITY GOVERNING BODY. TO THE EXTENT OF ANY CONFLICT BETWEEN THIS ARTICLE AND ANY OTHER PROVISION OF TITS AGREEMENT, THIS ARTICLE SHALL TAKE PRIORITY. ARTICLE XI MISCELLANEOUS 11.01 Governing Law. The Parties intend that this Agreement shall be governed by the law of the State of North Carolina. 11.02 Notices. (a) Any communication required or permitted by this Agreement must be in writing except as expressly provided otherwise in this Agreement (b) Any communication shall be sufficiently given and deemed given when delivered by hand or five days after being mailed by first-class mail, postage prepaid, and addressed as follows: (1) If to the City, to: City Manager Dunn City Hall 401 East Broad Street P.O. Box 1065 Dunn, NC 28334 (2) If to PCNC, to: Kevin Gutierrez Pallet Consultants of North Carolina, Inc. 810 NW 13th Ave. Pompano Beach, FL 33069 (c) Any addressee may designate additional or different addresses for conummications by notice given under this Section to the other. 11.03 Non -Business Days. If the date for malting any payment or the last day for performance of any act or the exercising of any right shall not be a Business Day, such payment shall be made or act performed or right exercised on or before the next preceding Business Day. S 11.04 Severability. If any provision of this Agreement shall be determined to be unenforceable, that shall not affect any other provision of this Agreement. 11.05. Entire Agreement; Amendments. This Agreement, including Exhibit A, which is incorporated herein and made a part hereof, constitutes the entire contract between the parties, and this Agreement shall not be changed except in writing signed by all the parties. 11.06. Binding Effect. Subject to the specific provisions of this Agreement, this Agreement shall be binding upon and inure to the benefit of and be enforceable by the Parties and their respective successors and assigns. 11.07. Time. Time is of the essence in this Agreement and each and all of its provisions. 11.08. Liability of Officers and Agents. No officer, agent or employee of the City or PCNC shall be subject to any personal liability or accountability by reason of the execution of this Agreement or any other documents related to the transactions contemplated hereby. Such officers, agents, or employees shall be deemed to execute such documents in their official capacities only, and not in their individual capacities. This Section shall not relieve any such officer, agent or employee from the performance of any official duty provided by law. 11.09. Counterparts. This Agreement may be executed in several counterparts, including separate counterparts. Each shall be an original, but all of them together constitute the same instrument. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed in their corporate names by their duly authorized officers, all as of the date first above written. 10 ,.OITY pF �•,. a .�Z , ... oG ;'GORPpt?4 :Z�r O•'. SEAL ATTEST: %9TH •....... \Q ,c Clerk This instrument has been preaudited in the manner required by The Local Government Budget and Fiscal Control Act Ji oberts Fi nee Officer City of Dunn, North Carolina CITY OF DUNN NORTH CAROLINA By: l scar N. Harris'Mayor U 11 EXHIBITS: A - Facility description 13 EXHIBIT A FACILITY DESCRIPTION The Facility is a current industrial building located at 2 Dinan Road, Dawn, NC 28334 which stands on a real property tract composed of 4.01 acres (City Parcel ID No. 0215160001). The building was initially constructed in 1979 and has approximately 41,920 square feet. The property has been purchased and is currently owned by 2 Dunn Realty, LLC, a North Carolina Limited Liability Company, pursuant to deeds recorded in Book 3734, Pages 961 and 964, Harnett City Registry. PCNC plans to enter into a long-term lease agreement with 2 Dunn Realty, LLC on the above described real property. PCNC intends to conduct renovations on the building in order to establish a pallet manufacturing facility. PCNC anticipates a capital investment of approximately $3.7 million for site renovations and the installation of manufacturing machinery, equipment, and fixtures. During the 5 year incentive period, 50 full time jobs with an average annual wage of $38,360.00 will be created as a result of the operation of this manufacturing facility. 14 [SEAL] PALLET CONSULTANTS OF NORTH CAROLINA, INC.,., By: 12 Gustavo Gutierrez, President city of dune POST OFFICE BOX 1065 ® DUNN, NORTH CAROLINA 28335 (910) 230-3500 • FAX (910) 230-3590 www.dunn-ne.org R201 0-15- 019 1D 10-1b-2019 Mayor Oscar N. Harris Mayor Pro Tem Prank McLean Council Members Buddy Maness Dr. Gwen McNeill Billy Tart Cbuck Turnage Dr. David L. Bradham City Manager Steven Neuschafer A RESOLUTION BY THE CITY OF DUNN AGREEING TO APPLY FOR FINANCIAL ASSISTANCE FROM USDA WHEREAS, the governing body of the City of Dunn desires to apply for a loan/grant in the amount of $475,000 for the purchase of Police Vehicles, Public Works, Park and Recreation equipment, and Water/Sewer vehicles and equipment. WHEREAS, the governing body of the City of Dunn authorizes the Mayor and the City Manager to sign all documents relating to the USDA Rural Development loan and/or grant. THEREFORE BE IT RESOLVED this Resolution will become part of the official minutes of the City Council meeting held on October 15, 2019. ADOPTED BY TIIE CITY COUNCIL OF DUNN THIS 15" DAY OF October, 2019. „unler,s OFA � GpRPOR�TF'� SEAL e Tfy CAVO0% ATTEST: °r+see 11: e Nl' Tamm Willi City Cleric . car M Hatris- or DUNN gAll-Wrica City t 1111-1 atrhIleoYe 1989*2013 ,comm moffers 02019-10 (Attach 13) 10-15-2019 02019-10 (OA -01-19) Attachment #13 Adopted: 10-15-19 The City of Dunn Code of Ordinances is hereby amended by revising Section 18, Solid Waste Management Sec. 18-1. - Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Building material means lumber, brick, stone, dirt, carpet, plumbing materials, plaster, concrete, floor coverings, pool liners, roofing materials, gutters, and other materials or substances accumulated as a result of new construction, repairs, remodeling, or additions to existing structures or accessory structures, or demolition of such. Bulk trash means items too large to fit in a city -issued roll-out container, such as large household furnishings, mattresses, box springs, dismantled swing sets with concrete removed, clothes line poles with concrete removed, lawn equipment, mowers, wheelbarrows, and similar large household items. Bulk yard waste means any un -containerized yard waste as defined in this section that is longer than three (3) feet in length or greater than five (5) inches in diameter or greater than seventy-five (75) pounds in weight. Chronic violator means a person who owns property whereupon, in the previous calendar year, the city gave notice of violation at least three (3) times under the provisions of sections 18-3, 18-39, 18-42. Collector means the city, or the employees or agents of the city who are engaged in the collection or transportation of rubbish, garbage, or solid waste in any part of the city. Garbage means any accumulation of animal or vegetable foodstuff that attends the preparation, consumption, dealing in, or storage of meats, fish, fowl, fruit, or vegetables, including the cans, containers, or wrappers. Noxious weeds means an invasive species of a plant that has been designated by country, state, municipality or National Agricultural Authorities as one that is injurious to agricultural and/or horticultural crops, natural habitats and/or ecosystems, and/or humans or livestock or that creates a public nuisance. Such weeds shall include but not limited to Bamboos, Kudzu, and the North Carolina State -listed noxious weeds as defined by the North Carolina Department of Agriculture, and as designated by the city. Recyclab/es means items included in local approved recycling programs that includes, but not limited to, selected glass, newsprint, and accompanying inserts, magazines, aluminum, cardboard and other items determined to be recycled by the public works director. Refuse means the accumulation of any solid waste. Rubbish means printed matter, paper, paperboard, pasteboard, boxes, rags, straw, and all other combustible material not included under the term "garbage." Solid waste means accumulations consisting of garbage, refuse, rubbish, bulk trash, yard waste, building materials, bulk yard waste, and recyclables. Unsafe tree means a tree that meets one of the following criteria: (1) A combination of a structural defect and a target. (2) • A structural defect which predisposes the tree to failure; i.e., dead tree, trunk decay, dead branches,V-crotches; and Yard waste means grass, weeds, leaves, tree trimmings, plants, shrubbery, pruning's, and such other similar materials which are generated in the maintenance of yards and gardens, and which are collected separately from other solid waste materials, and placed in a city -issued "yard waste" roll-out container for collection. (Code 1974, § 10-1; Ord. No. 02013-10, 11-12-13; Ord. No. 02016-06, 6-14-16) Cross reference— Definitions and rules of construction generally, § 1-2. • Sec. 18-2. - Uncontrolled growth, accumulation—Prohibited. (a) It shall be unlawful for any person owning, occupying or having in his possession or under his control any lot or parcel of land in the city to permit to exist on such lot or parcel of land any uncontrolled growth of noxious weeds, vegetation, grasses or bushes to a height in excess of eight (8) inches or any accumulation of junk, brush, trash, rubbish or receptacles which may cause or threaten to cause infestation by rats, mice, snakes, or vermin of any kind, which constitutes a fire hazard, or which, in any other way, is noxious, dangerous, detrimental and prejudicial to the public health or safety. This section shall not apply to planted and cultivated flowers, shrubbery, vegetables, crops, or to public areas maintained as natural habitats or environs such as parks, nature trails, or greenways. (b) It shall be unlawful for any person owning, occupying or having in his possession or under his control any wooded or undeveloped lot or undeveloped parcel of land; wA ,4 i<s less than one (1) acre in size, in the city to permit to exist on such lot or parcel of land any uncontrolled growth of noxious weeds, vegetation, grasses or bushes to a height in excess of tw eight 8 inches or any accumulation of junk, brush, trash, rubbish or receptacles which may cause or threaten to cause infestation by rats, mice, snakes, or vermin of any kind, which constitutes a fire hazard, or which, in any other way, is noxious, dangerous, detrimental and prejudicial to the public health or safety. This section shall not apply to planted and cultivated flowers, shrubbery, vegetables, crops, or to public areas maintained as natural habitats or environs such as parks, nature trails, or greenways. (c) Reserved. (d) (2) • A target such as a structure, road, walkway, campsite or other area where property exists or people reside. In urban areas, target areas (e) (f) (Code 1974, § 10-2; Ord. No. 1996.007, 8-1-96; Ord. No, 02013-10, 11-12-13) State Law reference— Municipal authority to abate nuisances, G.S. 160A-193. Sec. 18-3. - Same—Notice of violation; remedies. a. Notice of violation. Whenever the city manager or his duly authorized representative, the city public works director or his duly authorized agent, or the city inspector shall determine or verify that there exists on any lot or parcel of land in the city any of the conditions as enumerated in section 18-2, such officer, agent, or inspector shall give the owner, occupant, or person having such lot under his control written notice thereof. Notice shall be deemed sufficient if given by personal service or written notice or service by registered or certified mail to such person at his last known address. If the address of the owner, occupant or person having such lot under his control cannot be reasonably determined or if service is refused, a copy of the notice shall be posted on the property and service shall be posted on the property and service shall be complete at the time of posting. Except as provided below, the person so served shall have seven (7) days from the date of such service in which to effect remedial action or the city shall cause such remedial action to be effected as enumerated in subsection (b). In the case of service by posting, the person so served shall have ten (10) days in which to effect remedial action. b. Remedies; lien. If, following notice of the existence of any condition, described in this section, the owner, occupant or person having the lot under his control has failed to cause the removal or abatement of such condition, the city shall forthwith cause such condition to be removed, abated, or remedied. The fee structure for abatement violations shall be set by the city council and be maintained in the city clerk's office. All costs and expenses associated with the removal or abatement of the condition shall become a lien upon the affected property. therein; sh the 11 and nY (Code 1974, § 10-3; Ord, No. 1996.007, 8-1-96; Ord. No. 02013-10, 11-12-13; Ord. No. 02016-06, 6-14-16) Sec. 18-39. - Residences. (a) The occupant of any house, apartment or part of a house used as a separate place of abode shall cause all solid waste collected there or arising from its use to be placed in a city -issued container or dumpster. (b) Residential container shall be a city -issued container. (c) Should a city -issued container become damaged, destroyed, or lost, they shall be replaced with a city -approved container at the expense of the occupant and/or property owner. (d) Occupants shall take every opportunity to maintain and properly store their city -issued container. (e) Any person desiring to place yard waste for collection shall place such materials into the city -issued yard waste container. No bulk yard waste; yard waste, larger than five (5) inches in diameter, longer than three (3) feet or heavier than seventy-five (75) pounds, shall be collected by the city. (f) Residential containers should be placed in an approved location on the morning of scheduled pickup, or not earlier than the evening prior to scheduled pickup. The residential containers should be removed from the street within twenty-four (24) hours of the scheduled pickup. (g) It shall be the responsibility of the owner or occupant to replace solid waste in turned -over containers; it is not the responsibility of the collectors. (h) Bulk trash such as worn out furniture, stoves, etc., may be collected by the city, by - appointment only if placed to and behind the front curb line or ditch line subject to an additional collection fee imposed by the city to -defray landfill tipping costs. No more than three (3) items will be collected by the city per week. The extent of such city collection service shall not include major deposits of unwanted or abandoned furniture, appliances or other household incidentals or construction materials resulting from property owners cleaning out owner -occupied, rental or lease properties or from major internal or external renovations or modifications to their properties will not be picked up by the city. (Code 1974, § 10-10; Mo. of 9-7-89(1); Ord. No. 1996.005, 7-11-96; Ord. No. 02013-10, 11-12-13; Ord. No. 02016-06, 6-14-16) Sec. 18-42. - Improperly prepared refuse; notice; abatement. (a) Refuse not prepared for pickup in accordance with the regulations, policies and procedures described in this article will not be collected by the public works department or designee. In such instances, a notice will be left on the refuse article or on the door of the affected residence stating the reason for noncollection and advising the resident of necessary action to be taken to qualify for collection. (b) An owner's or occupant's failure to remove uncollected refuse within forty-eight (48) hours of the time of notice will result in the issuance of a civil citation by the city. If removal of uncollected refuse is not accomplished within twenty-four (24) hours of issuance of the citation, an assessment of ten dollars ($10.00) per day will be made against the owner for each day the violation continues to exist. If, after seven (7) days, the condition has not been remedied or abated, the city shall forthwith cause such condition to be removed, abated or remedied, and all costs and expenses thereof including costs of court and daily assessments shall be the subject of a civil action by the city against the violating party. In those instances where an owner, lessee, occupant or agent of or for any real property has violated the same provision or provisions of this article more than three (3) times within a calendar year, and such violations resulted in the posting of a notice of violations as herein provided, the city or its designated officer shall have the authority, without further notice, to assess a civil penalty of fifty dollars ($50.00) against the offending owner, lessee, occupant of or agent for the property for each subsequent or continuing violation or violations, which civil penalty shall be added to the penalty being sought in any pending civil action against the owner, lessee, occupant or agent prior to continuing violations of this article. In lieu thereof, the penalty of fifty dollars ($50.00) may be assessed, together with the expense of removing, abating or remedying the violating condition, as a lien against the subject real property. added tom` . II ..,,, ,.,, 4 .1 .. , : 41prev4ded=fof-unpaid=ad va4orern4ax". (c) If the assessment and expense of removing, abating or remedying the condition described in this section is not paid within thirty (30) days of the demand or entry of judgment, the costs and expenses, including inspection and administrative costs, of the removal, abatement or remedy of any nuisance under the provisions of this article shall become a lien upon the affected property. I' 0. 11 M dd d 46 4 II d ....11....4..d .. ..:d {.. o..e (d) The city manager or his designee shall investigate any condition requiring interpretation of the provisions of this section and his decision shall be final. (Ord. No. 1996.005, 7-11-96; Ord. No, 02013-10, 11-12-13; Ord. No. 02016-06, 6-14-16) 02019.11 (Attach 14) 10-15-2019 FOR REGISTRATION Kimberly S. Hargrove REGISTER OF DEEDS Harnett Count NC 2019 OCT 22 01: x1:09 AM BK:3FEE:$26,00 703 INSTRUMENT # 2019015559 SARTIS III V1111111111111111111111 2019015559 north carolina L) U N N city of dunn POST OFFICE BOX 1065 ^ DUNN, NORTH CAROLINA 28335 (910) 230-3500 ^ FAX (910) 230-3590 www.dunn-nc.org Mayor Oscar N. Harris Mayor Pro Tem Frank McLean Council Members Buddy Maness Dr. Gwen McNeill Billy Tart Chuck Turnage Dr. David L. Bradham City Manager Steven Neuschafer AN ORDINANCE DIRECTING THE BUILDING INSPECTOR TO REMOVE OR DEMOLISH THE PROPERTY HEREIN DESCRIBED AS AN UNSAFE BUILDING CONDEMNED PURSUANT TO N.C.G.S. §160A-426, ET SEQ. WHEREAS, that on July 22nd, 2019, the Chief Building Inspector for the City of Dunn sent a notice to Hoyle Properties, the owner(s) of record of structure located at 404 E. Townsend St. noting that the structure was in a condition that constitutes a fire and safety hazard, and is dangerous to life, health and property and was thereby condemned, pursuant to North Carolina General Statute § 160A-426, and noticed the property owner of a hearing on July 30th, 2019 at the office of the Chief Building Inspector located at 102 North Powell Ave., Dunn, North Carolina pursuant to North Carolina General Statute § 160A-428; and WHEREAS, on July 30t", 2019 a hearing was conducted by the Chief Building Inspector Steven I`ting, following the completion of the hearing, the Chief Building Inspector entered an Order, pursuant to North Carolina General Statute §160-429, declaring that the structure referenced above is in a condition that constitutes a fire or safety hazard and is dangerous to life, health or other property and ordering the property owner to repair or demolish the structure on the property within thirty (30) days of the date of such Order, being September 61h, 2019; and DUNN Rlhdmeeiea City 1 C Acre commune wafters r�e9�zor� WHEREAS, the owner of the above described structure did not appeal the Order of the 'Building Inspector within the ten (10) day time period prescribed in North Carolina General Statute §160A-430 and such Order is therefore a final Order; and WHEREAS, on October P', 2019 and October 8"', 2019, the City of Dunn published legal notices that a public hearing would be held before the Duni City Council on October 15"', 2019 to consider the adoption of this Ordinance, directing that the Building Inspector proceed with the demolition of the structure described hereby, and that all costs incurred shall be a lien against such property, pursuant to North Carolina General Statute §160A-432; and WHEREAS, the City Council of the City of Dunn, NC finds that the structure described herein is dangerous or prejudicial to the public health or public safety and is a nuisance in violation of North Carolina General Statute 160A-193; and WHEREAS, this structure should be removed or demolished, as directed by the Chief Building Inspector, and is an unsafe building condemned as set forth in North Carolina General Statute § 160A-426 and constitutes a fire and safety hazard; and WHEREAS, the owner of this structure has been given a reasonable opportunity to repair or demolish the structure pursuant to an Order issued by the Building Inspector on August 7r11, 2019 and the owner has failed to comply with this order; NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Dunn, North Carolina that: Section 1. The Building Inspector is hereby authorized and directed to place a placard on the exterior of the structure described herein, containing the legend: "This building is unfit for human habitation and is a public nuisance; the use or occupation of this building for human habitation is prohibited and unlawful." On the structure at the following address: 404E Townsend St. Dunn NC 28334 PIN #: 1516-87-9495.000 PARCEL ID #: 02151608310004 Section 2. The Building Inspector is hereby authorized and directed to proceed to remove or demolish the above described structure in accordance with his Order to the owner thereof dated the 7r" day of August, 2019 and in accordance with North Carolina General Statute §160A-432, based on the owner's failure to comply with such Order. Section 3. (a) The cost of removal or demolition shall constitute a lien against the real property upon which the cost was incurred. The lien shall be filed in the office of the City Tax Collector, and shall have the same priority and be collected in the same manner as the lien for special assessments in Article 10 of Chapter 160A of the North Carolina General Statutes, and such costs shall also be lien against any other real property owned by the owner of the property within the City of Dunn, North Carolina, or within one (1) mile of the City of Drum city limits, except for the property owner's primary residence. (b) Upon completion of the required removal or demolition, the Building Inspector shall sell the useable materials of the structure and any personal property, fixtures, or appurtenances found in the building and credit the proceeds against the cost of removal or demolition. The Building Inspector shall certify the remaining balance to the Tax Collector. If a surplus remains after sale of the materials and satisfaction of the cost of removal or demolition, the Building Inspector shall deposit the surplus with the Harnett County Cleric of Superior Court where it shall be secured in the manner provided by North Carolina General Statute §160A-432. Section 4. It shall be unlawful for any person to remove or cause to be removed the placard from any building to which it is affixed. It shall likewise be unlawful for any person to occupy or to permit the occupancy of any building therein declared to be unfit for human habitation. Section 5. This ordinance shall become effective upon its adoption. Adopted this 15"' day of October, 2019. !!!l11111II/�i ciry GOP©x'''92 r zJa O'•. FqL Attest: '� ' •.. 9p/'IIIIIIY\B6 Tam 4Y Willia City C'�erlc t 47 Oscar N. Harris, Mayor 02019-12 (Attach 15) 10-15-2019 FOR REGISTRATION Kimber( S. Hargrove REGI TER OF DEEDS Harnett Count NO 203742P080 PMBK:8G6970 FEE:$29.00 INSTRUMENT # 2019015558 SARTIS 2019015558 north Carolina W-JUUNN city of dunn POST OFFICE BOX 1065 - DUNN, NORTH CAROLINA 28335 (910) 230-3500 - FAX (910) 230-3590 www.dunn-nc.org Mayor Oscar N. Harris Mayor Pro Tem Frank McLean Council Members Buddy Maness Dr. Gwen McNeill Billy Tart Chuck'rurnage Dr. David L. Bradham City Manager Steven. Neuschafer AN ORDINANCE DIRECTING THE BUILDING INSPECTOR TO REMOVE OR DEMOLISH THE PROPERTY HEREIN DESCRIBED AS AN UNSAFE BUILDING CONDEMNED PURSUANT TO N.C.G.S. §160A-426, ET SEQ. WHEREAS, that on August 7"', 2019, the Chief Building Inspector for the City of Dunn sent a notice to Rosa L,ee Coxum C/O Delores Thompson, the owner(s) of record of structure located at 704 E. Divine St. noting that the structure was in a condition that constitutes a fire and safety hazard, and is dangerous to life, health and property and was thereby condemned, pursuant to North Carolina General Statute §160A-426, and noticed the property owner of a hearing on August 14d', 2019 at the office of the Chief Building Inspector located at 102 North Powell Ave., Dunn, North Carolina pursuant to North Carolina General Statute §160A-428; and WHEREAS, on August 14"', 2019 a hearing was conducted by the Chief Building Inspector Steven King, following the completion of the hearing, the Chief Building Inspector entered an Order, pursuant to North Carolina General Statute §160-429, declaring that the structure referenced above is in a condition that constitutes a fire or safety hazard and is dangerous to life, health or other property and ordering the property owner to repair or demolish the structure on the property within thirty (30) days of the date of such Order, being August 29, 2019; and DUNN bcftd Akl�draerlca oily I M&re CO Wnu ma fferr 1989*2013 WHEREAS, the owner of the above described structure did not appeal the Order of the Building Inspector within the ten (10) day time period prescribed in North Carolina General Statute §160A-430 and such Order is therefore a final Order; and WHEREAS, on October 1", 2019 and October 81h, 2019, the City of Dunn published legal notices that a public hearing would be held before the Dunn City Council on October 15°i, 2019 to consider the adoption of this Ordinance, directing that the Building Inspector proceed with the demolition of the structure described hereby, and that all costs incurred shall be a lien against such property, pursuant to North Carolina General Statute §160A-432; and WHEREAS, the City Council of the City of Dunn, NC finds that the structure described herein is dangerous or prejudicial to the public health or public safety and is a nuisance in violation of North Carolina General Statute 160A-193; and WHEREAS, this structure should be removed or demolished, as directed by the Chief Building Inspector, and is an unsafe building condemned as set forth in North Carolina General Statute § 160A-426 and constitutes a fire and safety hazard; and WHEREAS, the owner of this structure has been given a reasonable opportunity to repair or demolish the structure pursuant to an Order issued by the Building Inspector on August 29'11, 2019 and the owner has failed to comply with this order; NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Dunn, North Carolina that: Section 1. The Building Inspector is hereby authorized and directed to place a placard on the exterior of the structure described herein, containing the legend: "This building is unfit for human habitation and is a public nuisance; the use or occupation of this building for human habitation is prohibited and unlawful." On the structure at the following address: 704 E. Divine St. Dunn, NC 28334 PIN #: 1516-75-7246.000 PARCEL ID 9: 02151612100011 Section 2. The Building Inspector is hereby authorized and directed to proceed to remove or demolish the above described structure in accordance with his Order to the owner thereof dated the 29t" day of August, 2019 and in accordance with North Carolina General Statute §160A- 432, based on the owner's failure to comply with such Order. Section 3. (a) The cost of removal or demolition shall constitute a lien against the real property upon which the cost was incurred. The lien shall be filed in the office of the City Tax Collector, and shall have the same priority and be collected in the same manner as the lien for special assessments in Article 10 of Chapter 160A of the North Carolina General Statutes, and such costs shall also be lien against any other real property owned by the owner of the property within the City of Dunn, North Carolina, or within one (1) mile of the City of Dunn city limits, except for the property owner's primary residence. (b) Upon completion of the required removal or demolition, the Building Inspector shall sell the useable materials of the structure and any personal property, fixtures, or appurtenances found in the building and credit the proceeds against the cost of removal or demolition. The Building Inspector shall certify the remaining balance to the Tax Collector. If a surplus remains after sale of the materials and satisfaction of the cost of removal or demolition, the Building Inspector shall deposit the surplus with the Harnett County Clerk of Superior Court where it shall be secured in the manner provided by North Carolina General Statute § 160A-432. Section 4. It shall be unlawful for any person to remove or cause to be removed the placard from any building to which it is affixed. It shall likewise be unlawful for any person to occupy or to permit the occupancy of any building therein declared to be unfit for human habitation. Section 5. This ordinance shall become effective upon its adoption. Adopted this 15`x' day of October, 2019. Attest: City G�(Y OFO �:CJ RPORAr��2 SEAk- o�r.........0 aom H cn� �. °fj0°eioaau�?� Oscar N. Harris, Maybr 02019-13 (Attach 16) 10-15.2019 FOR REGISTRATION EyGISTRATppION Kimberly S. OFrDEEDS Harnett County NC 2019 OCT 22 01:58:09 PM 6K:3748 PG:695-597 FEE:$26.00 INSTRUMENT # 2019015557 SARTIS 2019015557 north carolina �Iw� DUNN city of Bunn POST OFFICE BOX 1065 • DUNN, NORTH CAROLINA 28335 (910) 230-3500 ^ FAX (910) 230-3590 www.dunn-nc.org Mayor Oscar N. Harris Mayor Pro Tem Frank McLean Council Members Buddy Maness Dr. Gwen McNeill Billy Tart Chuck Turnage Dr. David L, Bradhao City Manager Steven Neuschafer AN ORDINANCE DIRECTING THE BUILDING INSPECTOR TO REMOVE OR DEMOLISH THE PROPERTY HEREIN DESCRIBED AS AN UNSAFE BUILDING CONDEMNED PURSUANT TO N.C.G.S. §160A-426, ET SEQ. WHEREAS, that on May 14"i, 2019, the Chief Building Inspector for the City of Dunn sent a notice to Will Covington, the owner(s) of record of structure located at 309 E. Harnett St. noting that the structure was in a condition that constitutes a fire and safety hazard, and is dangerous to life, health and property and was thereby condemned, pursuant to North Carolina General Statute § 160A-426, and noticed the property owner of a hearing on May 2411', 2019 at the office of the Chief Building Inspector located at 102 North Powell Ave., Dunn, North Carolina pursuant to North Carolina General Statute § 160A-428; and WHEREAS, on May 24t1i, 2019 a hearing was conducted by the Chief Building Inspector Steven Ding, following the completion of the hearing, the Chief Building Inspector entered an Order, pursuant to North Carolina General Statute §160-429, declaring that the structure referenced above is in a condition that constitutes a fire or safety hazard Mud is dangerous to life, health or other property and ordering the property owner to repair or demolish the structure on the property within sixty (60) days of the date of such Order, being August 30di, 2019; and DUNN Ail -America city 111 err&re 40`Mnt L Ma&ers 1984 * -On WHEREAS, the owner of the above described structure did not appeal the Order of the Building Inspector within the ten (10) day time period prescribed in North Carolina General Statute §160A-430 and such Order is therefore a final Order; and WHEREAS, on October 1st, 2019 and October 8tt', 2019, the City of Duma published legal notices that a public hearing would be held before the Dunn City Council on October 15a', 2019 to consider the adoption of this Ordinance, directing that the Building Inspector proceed with the demolition of the structure described hereby, and that all costs incurred shall be a lien against such property, pursuant to North Carolina General Statute §160A-432; and WHEREAS, the City Council of the City of Dunn, NC finds that the structure described herein is dangerous or prejudicial to the public health or public safety and is a nuisance in violation of North Carolina General Statute 160A-193; and WHEREAS, this structure should be removed or demolished, as directed by the Chief Building Inspector, and is an unsafe building condemned as set forth in North Carolina General Statute § 160A-426 and constitutes a fire and safety hazard; and WHEREAS, the owner of this structure has been given a reasonable opportunity to repair or demolish the structure pursuant to an Order issued by the Building Inspector on July 2°a 2019 and the owner has failed to comply with this order; NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Dunn, North Carolina that: Section 1. The Building Inspector is hereby authorized and directed to place a placard on the exterior of the structure described herein, containing the legend: "This building is unfit for human habitation and is a public nuisance; the use or occupation of this building for human habitation is prohibited and unlawful." On the structure at the following address: 309 E. Harnett St. Dunn, NC 28334 PIN #:1516-77-5457.000 PARCEL ID #: 02151608110002 Section 2. The Building Inspector is hereby authorized and directed to proceed to remove or demolish the above described structure in accordance with his Order to the owner thereof dated the 2nd day of July, 2019 and in accordance with North Carolina General Statute §160A-432, based on the owner's failure to comply with such Order. Section 3. (a) The cost of removal or demolition shall constitute a lien against the real property upon which the cost was incurred. The lien shall be filed in the office of the City Tax Collector, and shall have the same priority and be collected in the same manner as the lien for special assessments in Article 10 of Chapter 160A of the North Carolina General Statutes, and such costs shall also be lien against any other real property owned by the owner of the property within the City of Dunn, North Carolina, or within one (1) mile of the City of Dunn city limits, except for the property owner's primary residence. (b) Upon completion of the required removal or demolition, the Building Inspector shall sell the useable materials of the structure and any personal property, fixtures, or appurtenances found in the building and credit the proceeds against the cost of removal or demolition. The Building Inspector shall certify the remaining balance to the Tax Collector. If a surplus remains after sale of the materials and satisfaction of the cost of removal or demolition, the Building Inspector shall deposit the surplus with the Harnett County Clerk of Superior Court where it shall be secured in the manner provided by North Carolina General Statute §160A-432. Section 4. It shall be unlawful for any person to remove or cause to be removed the placard from any building to which it is affixed. It shall likewise be unlawful for any person to occupy or to permit the occupancy of any building therein declared to be unfit for human habitation. Section 5. This ordinance shall become effective upon its adoption. Adopted this 15th day of October, 2019. ,%"011 m,rrrr h•.GORPOR q m e �o� m �'•. SEAL Attest: ......• �a� t �T " o `'rrry GACi Oeaa° Oscar N. Harris, M or FOR REGISTRATION KimREGISTER OFrBEEDS Harnett County NC 2019 OCT 22 01:56:09 PM BK:3FEE:$26.00 694 INSTRUMENT # 2019015556 SARTIS 02019-14 (Attach 171 10-15-2019 2019015556 north carolina UNN city of duan POST OFFICE BOX 1065 • DUNN, NORTH CAROLINA 25335 (910) 230-3500 > FAX (910) 230-3590 www.dtinii-nc.org Mayor Oscar N. Harris Mayor Pro Tem Frank McLean Council Members Buddy Maness Dr. Gwen McNeill Billy Tart Chuck Turnage Dr. David L. Bradham City Manager Steven Neuschafer AN ORDINANCE DIRECTING THE BUILDING INSPECTOR TO REMOVE OR DEMOLISH THE PROPERTY HEREIN DESCRIBED AS AN UNSAFE BUILDING CONDEMNED PURSUANT TO N.C.G.S. §160A-426, ET SEQ. WHEREAS, that on March 20t1i, 2019, the Chief Building Inspector for the City of Dunn sent a notice to Stacey Harper and Ridge Keith, the owner(s) of record of structure located at 123 Spring Branch Rd. noting that the structure was in a condition that constitutes a fire and safety hazard, and is dangerous to life, health and property and was thereby condemned, pursuant to North Carolina General Statute §160A-426, and noticed the property owner of a hearing on March 29t", 2019 at the office of the Chief Building Inspector located at 102 North Powell Ave., Dunn, North Carolina pursuant to North Carolina General Statute § 160A-428; and WHEREAS, on March 29t' 2019 a hearing was conducted by the Chief Building Inspector Steven King, following the completion of the hearing, the Chief Building Inspector entered an Order, pursuant to North Carolina General Statute §160-429, declaring that the structure referenced above is in a condition that constitutes a fire or safety hazard and is dangerous to life, health or other property and ordering the property owner to repair or demolish the structure on the property within thirty (30) days of the date of such Order, being September 5d', 2019; and DUNN bcand All -America City 1 Aleore com nr matters x989*2tli3 WHEREAS, the owner of the above described structure did not appeal the Order of the Building Inspector within the ten (10) day time period prescribed in North Carolina General Statute §160A-430 and such Order is therefore a final Order; and WHEREAS, on October Ist, 2019 and October 8"i, 2019, the City of Dunn published legal notices that a public hearing would be held before the Dunn City Council on October 15th, 2019 to consider the adoption of this Ordinance, directing that the Building Inspector proceed with the demolition of the structure described hereby, and that all costs incurred shall be a lien against such property, pursuant to North Carolina General Statute §160A-432; and WHEREAS, the City Council of the City of Dunn, NC finds that the structure described herein is dangerous or prejudicial to the public health or public safety and is a nuisance in violation of North Carolina General Statute 160A-193; and WHEREAS, this structure should be removed or demolished, as directed by the Chief Building Inspector, and is an unsafe building condemned as set forth in North Carolina General Statute § 160A-426 and constitutes a fire and safety hazard; and WHEREAS, the owner of this structure has been given a reasonable opportunity to repair or demolish the structure pursuant to an Order issued by the Building Inspector on August 6th, 2019 and the owner has failed to comply with this order; NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Dunn, North Carolina that: Section 1. The Building Inspector is hereby authorized and directed to place a placard on the exterior of the structure described herein, containing the legend: "This building is unfit for human habitation and is a public nuisance; the use or occupation of this building for human habitation is prohibited and unlawful." On the structure at the following address: 123 Spring Branch Rd. Dunn, NC 28334 PIN #: 1516-74-5282.000 PARCEL Ill 4: 02151612170035 Section 2. The Building Inspector is hereby authorized and directed to proceed to remove or demolish the above described structure in accordance with his Order to the owner thereof dated the 6th day of August, 2019 and in accordance with North Carolina General Statute §160A-432, based on the owner's failure to comply with such Order. Section 3. (a) The cost of removal or demolition shall constitute a lien against the real property upon which the cost was incurred. The lien shall be filed in the office of the City Tax Collector, and shall have the same priority and be collected in the same manner as the lien for special assessments in Article 10 of Chapter 160A of the North Carolina General Statutes, and such costs shall also be lien against any other real property owned by the owner of the property within the City of Dunn, North Carolina, or within one (1) mile of the City of Dunn city limits, except for the property owner's primary residence. (b) Upon completion of the required removal or demolition, the Building Inspector shall sell the useable materials of the structure and any personal property, fixtures, or appurtenances found in the building and credit the proceeds against the cost of removal or demolition. The Building Inspector shall certify the remaining balance to the Tax Collector. If a surplus remains after sale of the materials and satisfaction of the cost of removal or demolition, the Building Inspector shall deposit the surplus with the Harnett County Clerk of Superior Corot where it shall be secured in the manner provided by North Carolina General Statute §160A-432. Section 4. It shall be unlawful for any person to remove or cause to be removed the placard from any building to which it is affixed. It shall likewise be unlawful for any person to occupy or to permit the occupancy of any building therein declared to be unfit for human habitation. Section 5. This ordinance shall become effective upon its adoption. Adopted this 15t" day of October, 2019. !flee IIIIE/r0I OF 0 RA m ®o SENA- Attest: 0* Omit l 4'✓ t t ip t t a r Tammy\Williarr' City Clem 4VM-- 0(scar N. Harris, Mayof Case: CU -01-19 George Adler, Planning & Inspections Director gadler@dunn-nc.org Phone: 910-624-6749 Fax: 910-230-9005 city or dune Attachment 18 10-1b-2019 Planning Board Meeting: September 24, 2019 City Council Meeting: October 15, 2019 Requesting conditional zoning: in 1-10 Restricted Industrial District, to add Certified Adult Day Care as use Applicant Information Owner of Record: Name: Anchor Properties of Raleigh, LLC Address: 503 Wrennstone Court City/State/Zip: Apex, NC 27539 Applicant: Name: DeAngelo Jackson Address: 1004 W. Broad St. City/State/Zip: Dunn, NC 28334 Property Description PIN(s): 1506-89-9238.000 Acreage: 1.06 acres (46,174 square feet) Address: 1107 Erwin Road Vicinity Map Physical Characteristics Maps Please see Attachments 2, 3, and 4. Page 1 of STAFF REPORT Physical Characteristics Description Services Available Water: ✓ Public (City of Dunn) ❑ Private (Well) ❑ Other: Unverified Transportation Sewer: ✓Public (City of Dunn) ® Private (Septic Tank) ❑ Other: Unverified This property is located at 1107 Erwin Road approximately 0 5 miles by car from Betsy Johnson Hospital and approximately 0 6 miles from the intersection of Cumberland (US 421) and Broad Street. Zoning District Compatibility The following is a summary list of general uses, for actual permitted uses refer to the Zoning Ordinance. Please see attachment 1. CURRENT 0&1 REQUESTED Conditional Use Certified Adult Day Care X Government X Single Family Office X Multi -Family Institutional X Restaurant Retail Wholesale Medical X Professional Medical Complex Manufacturing Evaluation ✓ Yes ® No The amendment, if small scale, is reasonable based upon surrounding conditions. Page 2 of 4 STAFF REPORT REASONING: The current uses in the immediate area and their zoning include: adjacent to the west a large field (zoned R-20); across Erwin to the northwest residential (zoned R-10) to the north a large field (zoned 0&1); adjacent to the east residential (zoned 0&1)• to the south medical offices (zoned 0&1). The underlining zoning of Office & Institutional remains the same. The only change is the addition of a single allowable use: Certified Adult Day Care. This use will generate minimal additional traffic. There is adequate parking space already existing. Striping the parking area to clearly indicate spaces including handicapped space(s), all with wheel stops can be required as part of the Conditional Use Permit. The conditional use requested is compatible within the surrounding ✓ Yes ❑ No The impact to the adjacent property owners and the surrounding community is reasonable, and the benefits of rezoning outweigh any potential inconvenience or harm to the community. REASONING: Minimal to no impact to adjacent property owners is anticipated. ❑ Yes ❑ No The amendment is warranted due to changed or changing conditions in the area. REASONING: ✓ Yes ❑ No The amendment achieves the purpose and is consistent with the Land Use Plan. REASONING: Suggested Statement -of -Consistency (Staff concludes that...) The Future Land Use Map on page 86 of the 2030 Land Use Plan shows 1107 Erwin as residential with office adjacent to the east (attachment 4) However, sometime between 2005 and December 2017 several parcels in the area were rezoned 0&I The additional conditioned use of Certified Adult Day Care is consistent with office and institutional uses though it would allow supervised overnight stays for brief periods. The conditioned use is consistent with the Land Use Plan and will impose no foreseeable impact to adjacent property owners Site Photographs Please see attachments 2 and 3. Traditional Standards of Review and Worksheet Page 3 of 4 STAFF REPORT The Planning Board shall consider and make recommendations to the City Council concerning each proposed zoning district. The following policy guidelines shall be followed by the Planning Board concerning zoning districts and no proposed zoning district will receive favorable recommendation unless: ❑ Yes ❑ No A. The proposal will place all property similarly situated in the area in the same category, or in appropriate complementary categories. ❑ Yes ❑ No B. There is convincing demonstration that all uses permitted under the proposed district classification would be in the general public interest and not merely in the interest of the individual or small group. ❑ Yes ❑ No C. There is convincing demonstration that all uses permitted under the proposed district classification would be appropriate in the area included in the proposed change. (When a new district designation is assigned, any use permitted in the district is allowable, so long as it meets district requirements, and not merely uses which applicants state they intend to make of the property involved.) ❑ Yes ❑ No D. There is convincing demonstration that the character of the neighborhood will not be materially and adversely affected by any use permitted in the proposed change. ❑ Yes ❑ No E. The proposed change is in accordance with the comprehensive plan and sound planning practices. ❑ GRANTING THE REZONING REQUEST Motion to grant the rezoning upon finding that the rezoning is reasonable based on All of the above finding of fact A-E being found in the affirmative and that the rezoning advances the public interest. ❑ DENYING THE REZONING REQUEST Motion to deny the rezoning upon finding that the proposed rezoning does not advance the public interest and is unreasonable due to the following: ❑ The proposal will not place all property similarly situated in the area in the same category, or in appropriate complementary categories. ❑ There is not convincing demonstration that all uses permitted under the proposed district classification would be in the general public interest and not merely in the interest of the individual or small group. ❑ There is not convincing demonstration that all uses permitted under the proposed district classification would be appropriate in the area included in the proposed change. (When a new district designation is assigned, any use permitted in the district is allowable, so long as it meets district requirements, and not merely uses which applicants state they intend to make of the property involved.) ❑ There is not convincing demonstration that the character of the neighborhood will not be materially and adversely affected by any use permitted in the proposed change. ❑ The proposed change is not in accordance with the comprehensive plan and sound planning practices. ❑ The proposed change was not found to be reasonable for a small scale rezoning. Page 4 of 4 STAFF REPORT D v ro N D 0 0 0 N (7 T O 3 D CD m � rh N 0 0 w CL 0 0 x as O 0 S O 0 N .1 Q N M G n C t CD v 3 ro w I CL tno (D I For Planning Department Use Only Case Number Date Received Fee Paidgr(U�rY to Board Meeting City Council Meetinq -(q REZONING APPLICA'T'ION OWNERSHIP INFORMATION: /� ll�� y Applicant; 00000 POLL 041*r � 4��t!VPbone Number: (�00 ) Gan - boo j Applicant's Legal Interest in Property; WOO kedoc54e /Es--,WIS4 4 hcow, 4 NON Applicant's Address: 00x00 50 W 10Al' Q C — t °� ��✓ Property Owner: 00000 Kkt('r p moofi)�5 (i� A),0 � Owner's Address: 00000 503 wv-',W s Date Property Acquired; 00000 ) 19 ISbt, $9_ 1x3 8 Tax PIN Number: 0000 - 00 - 0000 .000 1.06 Size (Sq. Ft, or Acres) 00000 lie 0C`(q Deed Reference: Book 00000 Page 00000 Street Frontage (ft) 00000 Attach a legal description (Metes and Bounds Description) of the area requ sted, Location/Address: Duo { (fl 7 er'J" R o o d D�w� �c as33Y ZONING REQUEST; A. Existing Zoning: 0 -1- �, ce k" T n S- Requested Zoning: 00000 G e Ne, ,t C o m B. Land Uses: 1, Existing land uses on property to be rezoned: 011000 M4 / c e 2. Use(s) Requested: Number of Parking Spaces Provided; Driveway/Road Access: 3. Existing or proposed land uses on all adjoining properties: $ c< +•) } } , (,. .,._ ;l A, �_ North A^.i ,v li South ! Easts P West C. 5ttntesnel'ts of Alstification: (City Code, Article IX of Chapter 22) Attach a statement justifying the following; 1) The use requested is listed among the conditional uses in the district for which the application is made, 2) The requested use is essential or desirable to the public convenience or welfare, 3) The requested use will not impair the integrity or character of the surrounding or adjoining districts, nor be detrimental to the heatth, morals, or welfare. 4) The requested use will be in conformity with the land development plan. 5) Adequate utilities, access roads, drainage, sanitation, and other necessary facilities have been or are being provided. § A co rq u 00 \e 00 w \ \ \ \ \ \ \ \Ln S)) \ E 0 j\\nF4 Ln _ /\\ \bbz�0 co rq u 00 \e 00 w � S)) \ E 0 j\\nF4 _ /\\ \bbz�0 \e � S)) E 0 _ /\\ \bbz�0 / / uC5 ADJOINING PROPERTY OWNERS (WITHIN 100 FEET OF REQUESTED CHANGE) NAME MAILING ADDRESS PIN NUMBER 2. 3. - 4. S. ----.000 6. 7. — _ .000 8. — — .000 9, _. ,000 10. _,000 11, _ —000 12. — — _—_,000 I (We) do hereby certify that: I am (We are) the owners or authorized agent of the property described in this application for conditional use permit and have attached copies of deed, title reports or other documents as proof of ownership, I (we) have read the conditional use procedures, requirements and have truthfully completed this application for a conditional use permit, I (we) understand that the filing frees are non-refundable; the process to review conditional use cases includes public hearing and review by both the Plamring Board and the City Council, I (we) understand any action to approve our request is at the discretion of the Planning Board and the City Council and additional requirements may be imposed as determined necessary. � n [_ ---------------- S, ignature Date Sworn to and subscribed before me this 6 day of��20 d`, OTTY Q"'4 oNOT�'P1 tart' Public 7 /� Oa` *161,y®LINTY' �o`1( My Commission Expires: D ` J on 3 - pZO Harnett County Parcel Report BSS _ i7;: ,- l ,tnr "r 7 T, , Page I of 1 (. Print this PaOo ......... .. _ r ilcllilC' Property Description, HfY1e$$i®11(iT Gia - C 0 U, N 7 Y. 1,02 Acs dIVAAY A PIERCE 0215ga 0094 O7 150609-9239.000 1: 003J218 trues,.; 1.020 AC ac ,d Acreage: i.W ac Numhee 214050000 THRASSOCIATES Addroas : P 0 BOX 578 DUNN, NC 283350578 Naighhorhaod: 00201 Actual Year Builh 1941 TotalAcUlalAreaHeated: 42955 SgIF( Sale Mouth and Year: 311993 Sale Price; $120000 Dead Back 8 Paye: 9280649 Deed Dale: 1993103101 Plat Rauh 6 Page; . In.k.m.nt Type: VVD Property Address: 1 W7 ERWIN RD DUNN, NC 28334 Vacant or Improved. City, State, Zip: DUNN, NC, 29334 C IaliRedCada: X Building Count 1 Transferor Split; Township Code; 02 VdIhla imi of A9deuRmo, Blelriel: Yee Etre TeX District: Ounn Averashoro _ (Parcel BnildlnV Wine: $153690 Pdor Building Value: $213710 ;Parcel Outbuilding Value; $1270 PdorOulbullding Value : $35S0 'Parcel Land Value: $17.4410 Prior Land Valle : $124410 Parcel Special Land Value :10 Pdor Spaeal lsad Value : $0 Toiel Valu.: $279270 Parcel Deferred Value :$a Prior Deterred Value : SD Total Assessed Value ; 5279270 Prior Acs a es ed Value 5341710 1 http:l/gis.lTarnett.org/E911App/Parcels/parcelReportaspx7pin=1506-89-9238.000 8/8/2019 August 8, 2019 Walk By Faith Adult Health & Daycare DeAngelo Jackson 1004 W. Broad street Dunn, NC 28334 Planning Board of Dunn, North Carolina; my wife, Marilyn S. Jackson and I have operated an adult health and daycare in Dunn since 2014, Our daycare has out grown the current building that we are in. There is an investor, Sam Helbawi of Anchor Properties Raleigh LLC, that will be purchasing the building at 1107 Erwin Road, Dunn, NC mid-August 2019. The building will be used as an adult day care with over -night respite care. 2017/2018 North Carolina has approved for licensed adult daycare facilities to provide limited overnight care, no client will be able to stay no longer than 14 consecutive days and no more than 6 beds. Our intention is to continue with adult daycare with overnight respite. There will be limited outdoor activities, which will be gross motor activities and supervised by staff. We are not an alzheimer unit, our North Carolina license does not allow us to provide for wandering clients. Our daycare is staffed with a director, assistant director, healthcare coordinator, NC registered nurse, NC certified medical assistant, and personal assistants. There will be no change to adjoining properties that I am aware of. There will be no harm to surrounding properties. DeAngelo Jackson Walking By faith Agenda Item #31 Findings of Fact: CU -01-19 ✓ Yes ® No The use requested is listed among the conditional uses in the district for which the application is made. REASONING: The use requested—Certified Adult Day Care—is listed among the conditional uses in the Dunn City Code at Section 22-461 (10) (e). ✓ Yes ® No The requested use is essential or desirable to the public convenience or welfare. REASONING: Adult day care in North Carolina means the provision of group care and supervision on a less than 24-hour basis to adults with physical and/or mental disabilities in a place other than their usual residence. Services include a variety of program activities designed to meet the individual needs and interests of participants. This service is desirable for the both public welfare and public convenience. ✓ Yes ® No The requested use will not impair the integrity or character of the surrounding or adjoining districts, nor be detrimental to the health, morals, or welfare. REASONING: Certified adult day care will not neeatively impair the inteerity or the character of the surrounding districts. PreviouslV, the property was used as an office. Activity generated by this conditional use will not generate more traffic or noise than an office building of similar square footage. Providing services to the elderly and disabled is beneficial to health and public welfare. ✓ Yes ® No The requested use will be inconformity with the land development plan. REASONING: The Future Land Use Map, completed in 2005, identifies 1107 Erwin (on page 86) as residential with O & I adjacent. At some point between 2005 and 2017, several parcels in the area were rezoned O & I. This conditional use is in conformity with that zoning. ✓ Yes ® No Adequate utilities, access roads, drainage, sanitation, and other necessary facilities have been or are being provided. REASONING: All utilities and other necessary facilities are in place currently or are being provided. The parcel has direct access via two curb cuts to Erwin Road. CU -01-19:1107 Erwin STAFF REPORT