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Attachments 12-14-2021tv�Tt'OF UDUNN, NORTH CAR01-ANA R2021-42(Attach 1) 12-14-2021 Resolution Declaring the Badge and Service Weapon Carried By Rodney Wayne Rowland Surplus and Awarding Them to Him on His Retirement WHEREAS, Rodney Wayne Rowland saved as a member of the Dunn Police Department from August 21, 1989 until December 1, 2021, at which time he retired from the Dunn Police Department and an active career in law enforcement; and WHEREAS, North Carolina General Statute Chapter 20-187.2 authorizes governing boards of law enforcement agencies to award to a retiring member the badge worn by him, as well as his service weapon: Glock, 9mm caliber, Model 17, Serial Number BTBC199; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dunn, North Carolina, that the badge and service weapon (Serial Number BTBC199) with three magazines carried by Rodney Wayne Rowland be declared surplus and awarded to him on the occasion of his retirement; AND BE IT FURTHER RESOLVED that we extend our sincere appreciation to Rodney Wayne Rowland for dedicated service rendered by him during his employment with the City of Dunn. Adopted this 141h day of December, 2021. William P. Elmore 1j, Mayor 0 ATTEST: Tantny Willi s, City Clerk lukere COYVIYV unf{ 6!ps! R2021-43 (Attach 2) 12-14.2021 CITY OF DUNN NORIil CeCARO[dINA 10here cammunil 6 yinsl Expressing Appreciation to Captain Rodney Mayne Xowland upon Jfis Retirement WHEREAS, Rodney Wayne Rowland retired on December 1, 2021 as a member of the Dunn Police Department with 32 years of service to our City; and WHEREAS, Rodney began his career in law enforcement as a Patrol Officer in August of 1989, eventually being promoted to Police COPS Officer and PAL Coordinator in 1997, where Rodney found his true calling in his law enforcement career; and WHEREAS, during his time as PAL Coordinator, he was promoted to Sergeant in 2001, to Lieutenant in 2007, and to Captain in 2018; as he continued to work faithfully and diligently, in order to do whatever it took to get his work complete and goals accomplished for PAL; and WHEREAS, Rodney has proven himself to be a dedicated and efficient public servant who has gained the admiration and respect of his fellow workers and the residents of the City of Dunn, going above and beyond the call of duty especially in touching many young lives through his role in the Dunn Police Athletic League & Activities, Inc. During his law enforcement career, he has received many commendations including being awarded the prestigious Dunn's Man of the Year in 2015 by the Dunn Area Chamber of Commerce; and WHEREAS, the Mayor and City Council of the City of Dunn are desirous on behalf of themselves, the other City officials and employees, and the residents of the City of Dunn, of expressing to Rodney Wayne Rowland their deep appreciation and gratitude for the service rendered by him to the City and this community throughout his years of service. NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council that we offer Rodney our very best wishes for success, happiness, prosperity and good health in his future endeavors. This Resolution shall be incorporated into the official Minutes of the City of Dunn, and shall be in full force and effect from and after this 14°i day of December, 2021. Alz &J-Al William P. Elmore, Jr., a r Attest: am y Williar , City Cleric Ordinance Amendment 020 2 14(Attach 3) (OA-07-21) Section 22 — 60. — Regulation of Unattended Donation Bins (a) Purpose and intent The purpose of this chapter is to regulate the placement and maintenance of unattended donation bins within the city. The procedures and requirements of this chapter are enacted to: (1) Promote the community's health safety and welfare by regulating unattended donation bins for clothing or other salvageable personal property within the city; (2) Ensure that unattended donation bins do not pose a hazard to pedestrian and vehicular traffic; (3) Ensure that material is not allowed to accumulate outside of the unattended donation bins where it can be scattered bV adverse weather conditions animal contacts or human activities; and (4) Establish criteria that avoid attracting vermin unsightliness and public health hazards. (b) Definitions. Planning Director means Planning Director for the City of Dunn or their designee. Operator means a person entity association or organization who places maintains, or operates unattended donation bin(s) to solicit donations of salvageable personal property. Permittee means the person or organization responsible for the donation bin who is issued a permit authorizing placement of unattended donation bin(s). Property Owner means the person entity, association or organization who owns the real property where the unattended donation bin(s) are or are proposed to be located. Residential District includes all areas of the CitV of Dunn zoned residential. Unattended Donation Bin means any unattended container, receptacle, or similar device that is located on any property within the city used for soliciting and collecting donations of clothing or other salvageable personal property. This term does not include recycle bins for the collection of recyclable materials governed or regulated by the zoning code Unattended Donation Bins are considered accessory uses by this chapter. Sec. 22-60.1 - Permits. (al Unless otherwise exempt, it shall be unlawful and a public nuisance for any Property Owner or Operator to place operate maintain or allow Unattended Donation Bins on real property without a permit pursuant to this chapter and the Unattended Donation Bin shall be placed, operated and maintained in accordance with all provisions in this chapter. (b) Unattended Donation Bins shall not be located within the right-of-waV anywhere within city limits or the CitV's Extra -Territorial Jurisdiction (ETJ. Such bins, being an accessory use, must comply with this chapter's ten (10) foot rear and five (S) foot side yard setbacks. In no case shall such bins be located in any area of the city or its ETJ zoned residential. (c) The permit application shall be made on a form provided bV the Planning Director and shall include the following information: (1) The name address email website (if available) and telephone number of the applicant; (2) The name address email and telephone number of the applicant's primary contact responsible for maintaining the bin and collecting its contents; (3) The text of the disclosures that will be made on the Unattended Donation Bin; and Ordinance Amendment OA-07-21, page 2 (4) The physical address of the real p rope rty where the donation bin is proposed to be placed• the current zoning of that property a drawing sufficient to indicate the proposed location of the Unattended Donation Bin on the real property, as well as the size of the proposed Unattended Donation Bin• and a signed notarized document agreeing to such placement by the PropertV Owner(s). (d) Each application shall be accompanied bV a nonrefundable fee in the amount established by city council This fee shall be in addition to any fee or tax imposed by the city pursuant to any other provision of this code. (e) Applications shall be filed with the Planning Director. (f) Within thirty (30) days of receiving a completed application the Planning Director shall issue a permit or deny the issuance of a permit. (g) The Planning Director shall not issue a permit unless: (1) The applicant has submitted a complete and accurate application accompanied by the applicable fee; (2) The Unattended Donation Bin employs a chute system that prevents unauthorized access to bin contents is constructed of galvanized metal has no wheels, and will be set on masonry units; (3) The Unattended Donation Bin clearly displays contact information, including name of the owner of the bin the complete address of the company's corporate headquarters and website and the phone number and email address of their primary contact person; and (4) The proposed placement of the Unattended Donation Bin on the Property Owner's real property complies with all applicable laws and will not impede pedestrians bicyclists or vehicular traffic or impede vehicular site distances onto adjacent streets. (h) If the Planning Director denies an application the Planning Director shall state, in writing, the specific reasons for denial. (i) Permit issued hereunder shall be valid for one (1) Unattended Donation Bin. Each Unattended Donation Bin shall have their own individual permit. (j) The term of the permit shall expire one (1) year from the date of issuance. (k) No person or Operator to whom a permit has been issued shall transfer, assign or convey such permit to another person or Operator. (1) Prior to expiration of the permit the Permittee may voluntarily cancel the permit by notifying the Planning Director in writing of the intent to cancel the permit. The permit shall become void upon the Planning Director's receipt of a written notice of intent to cancel the permit. The Permittee will have thirty (30) days from the date of the written notice to remove the Unattended Donation Bin. Sec. 22-60.2 - Renewal of permits. (a) A Permittee may apply for permit renewal by submitting to the Planning Director, before the expiration of the permit a renewal application and a nonrefundable renewal fee in an amount set by the city council. (b) The Planning Director shall either approve or deny the renewal of a permit within thirty (30) days of receipt of the complete renewal application and payment of the renewal fee (c) The Planning Director shall approve the renewal of a permit if he or she finds that no circumstances existed during the term of the permit at the time of submission of an application for renewal or at any time during the review of the application for renewal that are inconsistent with any findings that would iustifV the revocation of the permit. Ordinance AmendmentOA-07-21, page Sec. 22.60.3 - Requirements and maintenance. (a) A Permittee shall operate and maintain or cause to be operated and maintained all Unattended Donation Bins located in the city as follows: (1) Unattended Donation Bins shall be maintained in good condition and appearance with no structural damage holes or visible rust and shall be free of graffiti; (2) Unattended Donation Bins shall be locked or otherwise secured; (3) Unattended Donation bins shall contain the following contact information in two-inch tVpe visible from the front of each Unattended Donation Bin: the name, address, email and phone number of both the Permittee and Operator, including all information listed in Section 22-60.1 (g) (3); (4) Unattended Donation Bins shall be serviced and emptied as needed, but at least once per month or within five (5) business days of a request by the Planning Director or their designee. (b) The Permittee shall maintain or cause to be maintained the area surrounding the Unattended Donation Bins free of any junk garbage trash debris, clothes, or other refuse material. (c) The Permittee and Operator shall be individually and severally responsible for abating and removing all junk garbage trash debris clothes and other refuse material in the area surrounding the Unattended Donation Bins within five (5) calendar days of written or verbal notice from the city. (d) The Permittee and Operator shall be individually and severally responsible for all costs for abating and removing any junk garbage trash debris clothes, and other refuse material from the area surrounding the Unattended Donation Bins. (e) It shall be unlawful for any Property Owner or Operator to place an Unattended Donation Bin in anV Residential District. (f) No Unattended Donation Bin shall be placed within 1,320 feet of another Unattended Donation Bin. (g) No Unattended Donation Bin shall be placed on required parking spaces or encroach within a triangle reserved for safe vehicular sight distance at the intersection of two (2) streets. (h) No more than one (1) Unattended Donation Bin shall be placed on each parcel of real property. Sec. 22-60.4 - Revocation of permit, removal of unattended donation bins and liabilit The Planning Director shall have the right to revoke any permit issued hereunder if any of the grounds upon which he orshe may refuse to issue an initial permit exists. In addition, the failure to comply with the provisions of this chapter or other provisions of this code or other law shall also constitute grounds for revocation of the permit The Planning Director shall provide a written notification to the permittee and/or Property Owner stating the specific grounds for revocation Upon revocation the Unattended Donation Bin shall be removed from the Permittee's or Property Owner's real property within thirty (30) calendar days and if not removed within this time period the city may remove store and dispose of the Unattended Donation Bin at the Permittee's sole cost and expense. Upon revocation, a Permittee shall be prohibited from applVing for a permit for a period of one (1) Vear.Any violation of the provisions of this chapter is a public nuisance subject to abatement pursuant to this code or as otherwise permitted by law. Ordinance Amendment OA-07-21, page 4 Sec. 22-60.5 - Violation —Penalty. Any person violating any provision of this chapter is subject to citations and fines as specified within this chapter. Sec. 22-60.6 - Appeal to the Board of Adjustment. Anv person may appeal the decision rendered by the Planning Director in granting or denying an application for a permit under this chapter to the Board of Adiustment in accordance with the appeal process described in this chapter. Sec. 22-60.7 -Administrative fees. The city council may, by resolution establish reasonable fees and deposits to defray the cost of processing applications proposals and for the administration of this chapter. Sec. 22-60.8 - Exemption. Unattended Donation Bins located entirely within the interior of a building are exempt from the requirements of this chapter. Sec. 22-60.9 - Amortization. Anv Unattended Donation Bin in the City on or before December 15, 2021 will be required to either obtain a permit or remove the Unattended Donation Bin within sixty (60) days. Permit applications must be received by the Planning Director by February 14, 2022 to comply with the requirements of this chapter. Adopted this 141 day of December, 2021. 4rl,X,4� i AZ11 William P. Elmore, Jr. Mayor ,„%u n u,,,, °`�CITYO' Attest: ,. � e :'GORPO� ' it fl a ® SEAL T� TArny Willia `, CIVIC, NCCMC ; �y' •••.•• '`aP,m® City Clerk NJ °40,rAR *'°v 02021-33 (Attach 4) 12-14-2021 north e a r o l i n a MayorWilliam P. Elmore Jr. Mayor Pro Tem LLUDUNN Dr. David L Bradham Council Members J. Wesley Sills city f d Ll Il ri April L. Gaulden O Frank McLean Billy N. Tart POST OFFICE BOX 1065 e DUNN, NORTH CAROLINA 28335 Chuck Turnage (910) 230-3500 • FAX (910) 230-3590 City Manager www.dunn-ne.org Steven Neuschafer AN ORDINANCE DIRECTING THE BUILDING INSPECTOR TO REMOVE OR DEMOLISH THE PROPERTY HEREIN DESCRIBED AS AN UNSAFE BUILDING PURSUANT TO N.C.G.S. §160D-1117, ET SEQ. WHEREAS, that on August 23rd, 2021, the Chief Building Inspector for the City of Dunn sent a notice to Larry E. Hardison and Elaine B. Hardison, the owner(s) of record of the structures located at 101 W. Vance St. noting that the structure(s) are in a condition that constitutes a fire and safety hazard, and are dangerous to life, health and property and were thereby condemned, pursuant to North Carolina General Statute §160D-1117, et seq. and noticed the property owner of a hearing on September 1", 2021 at the office of the Building Inspector located at 102 North Powell Ave., Dunn, North Carolina pursuant to North Carolina General Statute § 160D-1119 and § 160D-1121; and WHEREAS, on September 1st, 2021 a hearing was conducted by the Chief Building Inspector, Steven King. Mr. Travis Scott Hardison and Derek Hardison attended the hearing. Following the completion of the hearing, the Chief Building Inspector entered an Order, pursuant to North Carolina General Statute §160D-1122, declaring that the structure(s) referenced above are in a condition that constitutes a fire or safety hazard and are dangerous to life, health or other property and ordering the property owner to repair or demolish the structure(s) on the property within sixty (60) days of the date of such Order, being September 13"' 2021; and DUNN dIl-Rmetica cih 1 C 2,T4aere c=munt Maffers ��a9�zu�3 WHEREAS, the owner, Elaine B. Hardison, of the above described structure(s) appealed the Order of the Building Inspector within the ten (10) day time period prescribed in North Carolina General Statute § 160D-1123, in which the City of Council of Dunn, NC voted unanimously to deny the appeal and such Order is therefore a final Order; and WHEREAS, on December 3rd, 2021 and December 71h, 2021, the City of Dunn published legal notices that a public hearing would be held before the Dunn City Council on December 140', 2021 to consider the adoption of this Ordinance, directing that the Building Inspector proceed with the demolition of the structure(s) described hereby, and that all costs incurred shall be a lien against such property, pursuant to North Carolina General Statute §160D-1125; and WHEREAS, the City Council of the City of Dunn, NC finds that the structures 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, the structure should be removed or demolished, as directed by the Building Inspector, and are an unsafe building condemned as set forth in North Carolina General Statute §160D-1121 and §160D-1125 and constitutes a fire and safety hazard; and WHEREAS, the owner of the structures have been given a reasonable opportunity to repair or demolish the structures pursuant to an Order issued by the Building Inspector on September 131h, 2021 and the owner has failed to comply with this order; and 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 structures 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 structures at the following address: 101 W. Vance St. Dunn, NC 28334 PIN 9: 1516-68-5364.000 PID #:02151607470035 Owner: Larry E. Hardison and Elaine B. Hardison. Section 2. The Building Inspector is hereby authorized and directed to proceed to remove or demolish the above described structures in accordance with his Order to the owner thereof dated the 13rh day of September, 2021 and in accordance with North Carolina General Statute §160D-1125, 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 Tax Collector, and shall have the same priority and be collected in the same manner as the lien for special assessments in Article 11 of Chapter 160D 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, pursuant to North Carolina General Statute §160D-1125. (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 § 160D-1125. 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 14t11 day of December, 2021. Attest: City ,,a`�0ee`\'IY OF``°°r :GOFPOlRgT.2 SEALOV r William P. Elmore, Jr. Mayor S 02021-34(Attach 5) 12-14-2021 city of dunn POST OFFICE BOX 1065 a DUNN, NORTH CAROLINA 28335 (910) 230-3500 • FAX (910) 230-3590 Mayor William P. Elmore, Jr. Mayor Pro Tem Dr. David L. Bradham Council Members J. Wesley Sills April L. Gaulden Frank McLean Billy N. Tart Chuck Turnage www.dunn-nc.org City Manager Steven Neuschafer AN ORDINANCE DECLARING THE PROPERTY HEREIN DESCRIBED AS UNFIT FOR HUMAN HABITATION PURSUANT TO N.C.G.S. §160D-1203, ET SEQ. WHEREAS, that on August 41, 2021 the Building Inspector for the City of Dunn sent a notice to Phylistine K. McLean, the owner of record of the property located at 200 N. Jackson St., that the property was in a condition that does not meet the requirements of the City of Dunn Minimum Housing Code and served on the property owner of Complaint and Notice of Hearing, that a hearing would be held on August 19"', 2021 at the office of the Building Inspector located at 102 North Powell Ave., Dunn, North Carolina pursuant to North Carolina General Statute §160D-1203, et seq.; and WHEREAS, on August 191, 2021 a hearing was held with no party of interest or owner attending the hearing. Following the completion of the hearing, the Building Inspector entered an Order, pursuant to North Carolina General Statute § 160D-1203, declaring that the property referenced above was deteriorated pursuant to the City of Dunn Minimum Housing Code and ordering the property owner to bring the property into compliance with the City of Dunn Minimum Housing Code within ninety (90) days of the date of such Order, being September 2"a, 2021 and if necessary, that the property be vacated until the repairs, alterations and improvements to the property were made to bring such property into compliance with the City of Dunn Minimum Housing Code as set forth in Article VII of the Dunn City Code; and WHEREAS, the owner of the above described property did not appeal the Order of the Chief Building Inspector within the ten (10) day time period prescribed in Section 4-186 of the Dunn City Code such Order is therefore a final Order; and WHEREAS, on December 3`d, 2021 and December 71, 2021 the City of Dumr published legal notices that a public hearing would be held before the Dunn City Council on December 14, 2021 to consider the adoption of this Ordinance, directing the Chief Building Inspector to post on the main entrance of the property a placard that states: This building is unfit for human habitation; the use or occupation of this building for human habitation is prohibited and unlawful.", and WHEREAS, the City Council of the City of Dunn, NC finds that the property described herein is unfit for human habitation and that the Chief Building Inspector shall post the main entrance of such property with the placard provided for herein; and WHEREAS, the owner of this property has been given a reasonable opportunity to repair the property pursuant to an Order issued by the Chief Building Inspector on September 2"d, 2021 and the owner has failed to comply with the Order; NOW, THE, 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 main entrance of the building located on the property described herein, containing the legend: "This building is unfit for human habitation; the use or occupation of this building for human habitation is prohibited and unlawful." on the structure located at the following address: 200 N. Jackson St. Dunn, NC 28334 PIN #: 1516-98-0871.000 PARCEL ID#: 02151608320024 Owner(s): Phylistine K. McLean Section 2. 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. Occupation of the building once posted with said placard shall be Class 1 misdemeanor pursuant to North Carolina General Statute § 160D-1203. Section 3. This ordinance shall become effective upon its adoption Section 4. If the owner of the property described herein has not repaired, altered or improved the property to bring it into compliance with Section 4-31 of the Dunn City Code within twelve (12) months of the adoption of this Ordinance, the Building Inspector is directed to bring the matter back before the City Council for further consideration of remedies available to the City of Dunn under North Carolina General Statute § 160D-1203. Adopted this the 14" day of December, 2021 ,uunuti e'eoe'�.. OF p c� F...�Qp�p©RATE: m m moo® m Attest: SEAS ° QZZ p/0, William P. Elmore, r Mayor City 02021-35 (Attach 6) 12.14-2021 city of dunn POST OFFICE BOX 1065 - DUNN, NORTH CAROLINA 28335 (910) 230-3500 - FAX (910) 230-3590 www.dunn-nc.org Mayor William P. Elmore, Jr. Mayor Pro Tem Dr. David L. Bradham Council Members J. Wesley Sills April L. Gaulden Prank McLean Billy N. Tart Chuck Turnage City Manager Steven Neuschafer AN ORDINANCE DECLARING THE PROPERTY HEREIN DESCRIBED AS UNFIT FOR HUMAN HABITATION PURSUANT TO N.C.G.S. §160D-1203, ET SEQ. WHEREAS, that on August 6", 2021 the Building Inspector for the City of Dunn sent a notice to Joshua E. Jones, the owner of record of the property located at 204 N. Jackson St., that the property was in a condition that does not meet the requirements of the City of Dunn Minimum Housing Code and served on the property owner of Complaint and Notice of Hearing, that a hearing would be held on August 24", 2021 at the office of the Building Inspector located at 102 North Powell Ave., Dunn, North Carolina pursuant to North Carolina General Statute § 160D-1203, et seq.; and WHEREAS, on August 24"i, 2021 a hearing was held with Joshua E. Jones and following the completion of the hearing, the Building Inspector entered an Order, pursuant to North Carolina General Statute § 160D-1203, declaring that the property referenced above was deteriorated pursuant to the City of Dunn Minimum Housing Code and ordering the property owner to bring the property into compliance with the City of Dunn Minimum Housing Code within ninety (90) days of the date of such Order, being September 2nd, 2021 and if necessary, that the property be vacated until the repairs, alterations and improvements to the property were made to bring such property into compliance with the City of Dunn Minimum Housing Code as set forth in Article VII of the Dunn City Code; and WHEREAS, the owner of the above described property did not appeal the Order of the Chief Building Inspector within the ten (10) day time period prescribed in Section 4-186 of the Dunn City Code such Order is therefore a final Order; and DUNN �taaenwc; C ?EG 112 �' WHEREAS, on December 3`d, 2021 and December 7", 2021 the City of Dunn published legal notices that a public hearing would be held before the Dunn City Council on December 14, 2021 to consider the adoption of this Ordinance, directing the Chief Building Inspector to post on the main entrance of the property a placard that states: This building is unfit for human habitation; the use or occupation of this building for human habitation is prohibited and unlawful."; and WHEREAS, the City Council of the City of Dunn, NC finds that the property described herein is unfit for human habitation and that the Chief Building Inspector shall post the main entrance of such property with the placard provided for herein; and WHEREAS, the owner of this property has been given a reasonable opportunity to repair the property pursuant to an Order issued by the Chief Building Inspector on September 2,d, 2021 and the owner has failed to comply with the 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 main entrance of the building located on the property described herein, containing the legend: "This building is unfit for human habitation; the use or occupation of this building for human habitation is prohibited and unlawful." on the structure located at the following address: 204 N. Jackson St. Dunn, NC 28334 PIN #: 1516-98-1868.000 PARCEL ID#: 02151608320022 Owner(s): Joshua F. Jones Section 2. 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. Occupation of the building once posted with said placard shall be Class 1 misdemeanor pursuant to North Carolina General Statute § 160D-1203. Section 3. This ordinance shall become effective upon its adoption. Section 4. If the owner of the property described herein has not repaired, altered or improved the property to bring it into compliance with Section 4-31 of the Dunn City Code within twelve (12) months of the adoption of this Ordinance, the Building Inspector is directed to bring the matter back before the City Council for further consideration of remedies available to the City of Dunn under North Carolina General Statute §160D-1203. Adopted this the 14fh day of December, 2021 11 oeeu.. ti AO, ( .... O F [) '�o om �°� �; • William P. Elmore, OPpORATF'•, Mayor Attest: SLPL `t= city 02021-36 (Attach 7) 12-14-2021 city of dune POST OFFICE BOX 1065 • DUNN, NORTH CAROLINA 28335 (910) 230-3500 ® FAX (910) 230-3590 www.dunn-nc.org Mayor William P. Elmore Jr. Mayo Pro Tem Dr. David L Bradbam Council Members J. Wesley Sills April L. Gaulden Frank McLean Billy N. Tart Chuck Tumage 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. §160D-1117, ET SEQ. WHEREAS, that on August 101h, 2021, the Chief Building Inspector for the City of Dunn sent a notice to Dunkin Deals, LLC., the owner(s) of record of the structures located at 809B E. Edgerton St. noting that the structures are in a condition that constitutes a fire and safety hazard, and are dangerous to life, health and property and were thereby condemned, pursuant to North Carolina General Statute §160D-1117, et seq, and noticed the property owner of a hearing on August 20th, 2021 at the office of the Building Inspector located at 102 North Powell Ave., Dunn, North Carolina pursuant to North Carolina General Statute §160D-1119 and §160D-1121;and WHEREAS, on August 20th, 2021 a hearing was conducted by the Chief Building Inspector, Steven King. Mr. Peter Gitto, representative for Dunkin Deals, LLC. attended the hearing. Following the completion of the hearing, the Chief Building Inspector entered an Order, pursuant to North Carolina General Statute §160D-1122, declaring that the structures referenced above are in a condition that constitutes a fire or safety hazard and are dangerous to life, health or other property and ordering the property owner to repair or demolish the structures on the property within sixty (60) days of the date of such Order, being August 25th, 2021; and DUNN bt&AIP �neelea d 1 ► ,41ere comm ! matters 1989 *2013 WHEREAS, the represententive of Dunldn Deals, LLC., Peter Gitto, of the above described structure(s) appealed the Order of the Building Inspector within the ten (10) day time period prescribed in North Carolina General Statute § 160D-1123, in which the City of Council of Dunn, NC voted unanimously to deny the appeal and such Order is therefore a final Order; and WHEREAS, on October 29th, 2021 and Novmber 2°d, 2021, the City of Dunn published legal notices that a public hearing would be held before the Dunn City Council on November 9th, 2021 to consider the adoption of this Ordinance, directing that the Building Inspector proceed with the demolition of the structure(s) described hereby, and that all costs incurred shall be a lien against such property, pursuant to North Carolina General Statute §160D-1125; and WHEREAS, the City Council of the City of Dunn, NC finds that the structures 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, the structure should be removed or demolished, as directed by the Building Inspector, and are an unsafe building condemned as set forth in North Carolina General Statute §160D-1121 and §160D-1125 and constitutes a fire and safety hazard; and WHEREAS, the owner of the structures have been given a reasonable opportunity to repair or demolish the structures pursuant to an Order issued by the Building Inspector on August 251n 2021 and the owner has failed to comply with this order; and WHEREAS, the City Council of the City of Dunn, NC tabled the matter to adopt the demolition ordinance on November 9th, 2021 until the December 14th, 2021 City Council meeting; 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 structures 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 structures at the following address: 809B E. Edgerton St. Dunn, NC 28334 PIN #:1516-96-0021.000 PID #:02151608470009 Owner: Dunldn Deals, LLC. Section 2. The Building Inspector is hereby authorized and directed to proceed to remove or demolish the above described structures in accordance with his Order to the owner thereof dated the 25th day of August, 2021 and in accordance with North Carolina General Statute §160D-1125, 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 Tax Collector, and shall have the same priority and be collected in the same manner as the lien for special assessments in Article 11 of Chapter 160D 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, pursuant to North Carolina General Statute § 160D-1125. (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 §160D-1125. 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 141i day of December, 2021. ae¢¢e¢¢¢aue+,seep ��. • • ?L�iam P. Elmore, ��Q r' yor =0: o . Attest: m LU ' U . o oR, *VY Will' sk DUNN R2021-44 (Attach 8) 40NMR-Hl E A r i.._x L M A.. 12-14-2021 Resolution Accepting the COPS Hiring Program Grant WHEREAS, the City of Dunn Police Department has completed an application contract for a COPS Hiring Program Grant from the United States Office of Community Oriented Policing Services (COPS Office); and WHEREAS, the City of Dunn has received notification that the Police Department has been awarded a FY2021 COPS Hiring Program Grant in the amount of $247,768.00 for two officers over a three year period to be added to the Narcotics Investigations Unit and the Community Enhancement Team; and WHEREAS, the grant requires a 25% match from the City of Dunn for the salaries and benefits of the two officers hired for the total expended over the 3-year period of $82,589.00, and with the federal grant providing 75% ($247,768.00) over the 3-year period. THEREFORE, BE IT RESOLVED that the Dunn City Council hereby accepts the grant as provided by the COPS Office and authorizes Clark White, Chief of Police, and successor so titled, to furnish and sign all required documents and information pertaining to the COPS Hiring Grant. Adopted this 14«h day of December, 2021. `aa,etruoeoi ery ATTEST: A �� 4 r�e��orefes`° Tammy Willi s, CMC City Clerk P. Elmore `x &re eoYYIYY{uni9 6yinSI 0 0 c N O C V CE N � � a o Q w a E a a 0 w o m � E O N U N � a o o � � a Q U_ O O C O O G � m E Q0 0 o c m a E a a Z a K U co W O W F W Z m J >d w c m 0 0 O h 0 a LL Z � W � U' Li H W K t F 0 Z W n o a h d N O N U axi � m c � d r O D O � � c D m toC9 � �U d d a d O m U` o N m c � —0 � o '3 E o � � L N m N 11 E E d o 3 m o �zi E a o aai c U N L C 0. o W e m m ~E� Hm DUNN R2021-45 (Attach 9) 4PNORTH C/INIROUNA 12-14-2021 Resolution Authorizing City Manager to Request Funds Appropriated through the 2021 American Rescue Plan WHEREAS, the North Carolina General Assembly appropriated 2021 American Rescue Plan (ARP) funding to the City of Dunn through the Department of Environmental Quality (DEQ) in the 2022 Budget for projects as approved in Session Law 2021-180; and WHEREAS, the City of Dunn appropriations include $500,000 for Stormwater Infrastructure Fund Directed Projects; and WHEREAS, Stormwater funds must be requested by the City of Dunn's Authorized Representative with certain requirements and deadlines for funding to be approved for qualified infrastructure projects. THEREFORE, BE IT RESOLVED that the City Council authorizes that Steven Neuschafer, City Manager, and successor so titled, is hereby authorized and directed to request funds as allocated through the 2021 ARP Budget Appropriations for qualified stormwater projects; to furnish such information as may be requested by the State or DEQ; and to make assurances to compliance for necessary requirements in connection to the appropriations. Adopted this 14t], day of December, 2021. ``,%It f 11 00010 or - ATTEST: 4i SEAS c�PC) Tam, yWillial,CMC City Clerk W&re eommunif 69ins! iF3 .f Ae-„� ,, U DUNN R2021-46 (Attach 10) 12-14-2021 Nil 0 1IR T I t : R i..,) L j N A Resolution Authorizing the Sell of Real Property by Upset Bid WHEREAS, the City of Dunn is joint owner, with the County of Harnett, of a 50 foot x 150 foot lot located on E Edgerton St in the City of Dunn, Harnett County, NC 28334. This tract is conveyed to the City of Dunn and County of Harnett in that Deed recorded in Book 247, Page 332, Harnett County Registry, PIN#1516-86-9073.000, Parcel ID No. 02151608470028; and WHEREAS, North Carolina General Statute § 160A-269 permits local governments to sell property by upset bid, after receipt of an offer for the property; and WHEREAS, an offer has been received to purchase the property described above, in the amount of $7,500 plus closing cost, submitted by Dunkin Deals LLC. THEREFORE, THE CITY COUNCIL OF THE CITY OF DUNN RESOLVES THAT: 1. The City Council authorizes sale of the property described above through the upset bid procedure of North Carolina General Statute § 160A-269. 2. Upon receipt of agreement from the County of Harnett and required deposit of five percent (5%) from Dunkin Deals LLC, the city or county clerk shall cause a notice of the proposed sale to be published and ensure that the further requirements of NCGS § 160A- 269 are met. 3. The terms of the final sale are that the City Council and Board of Commissioners must approve any final high offer received before the sale is closed, which will done within 30 days after the final upset bid period has passed. 4. The city and county reserve the right to withdraw the property from sale at any time before the final high bid is accepted and the right to reject at any time all bids. S. If no qualifying upset bid is received after the initial public notice, the offer set forth above is hereby accepted and the City Manager is authorized to execute the instruments necessary to convey the property to Dunkin Deals LLC. Adopted this 14eh day of December, 2021. ceeneeeee,e y O F D ''+, ® e)\ ......... U1 Pi Vi O�pORA7'� *%l ATTEST: = G a 5EPV �.l Iltf ii8l t i Tammy�,Willia CIVICCity Clerk r/1 P. Elmore jr. 'Mere eoY19Yl uni� 6Tins!