April 14, 2015 ORDER. In the Matter of: , Minimum Housing Violation at 214 TRACKERS RD Wake County, North Carolina

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1 PLANNING DEPARTMENT NORTH CAROLINA WAKE COUNTY April 14, 2015 ORDER JEFFREY & AUDREY WHITACRE 4005 QUAIL HOLLOW RD RALEIGH, NC CERTIFIED MAIL & US REGULAR MAIL RETURN RECEIPT REQUESTED In the Matter of: , Minimum Housing Violation at 214 TRACKERS RD Wake County, North Carolina THIS MATTER was heard on March 25, 2015 at 10:00 am before the undersigned Minimum Housing Inspector whose assigned duties include the enforcement of the Town of Cary Minimum Housing Ordinance. A Complaint and Notice of Hearing was issued on March 17, 2015, and served upon the owner of record and parties in interest as required by law. JEFFREY & AUDREY WHITACRE, residing at 4005 Quail Hollow Dr. Raleigh NC 27609, did not appear at this hearing, to discuss the continued deterioration of the dwelling and why they have failed to maintain their property. The undersigned does hereby make the following findings of fact: On March 10, 2015 after receiving several s and phone calls from surrounding neighbors, I stopped by the dwelling to check for minimum housing violations. On March 11 th, 2015 I obtained and administrate search warrant to complete my inspection. On March 11, 2015 the Town hired Terry Ashe, with Firm Foundations Community Services to conduct an inspection at 214 Trackers Rd to determine the work needed to comply with minimum housing codes and insure safety of the dwelling. A detailed result of his findings are in the file, but his estimation to repair the dwelling was 59,117 dollars. On March 12th 2015, I called a real estate appraiser with Wake County Revenue Department to see if the property could be evaluated to reflect the current value of the dwelling. After Wake County completed the evaluation the current building value dropped from 139,000 to 29,000 dollars. TOWN Of CARY 316 North Academy Street Cary, NC PO Box 8005 Cary, NC tel

2 1) The above referenced dwelling fails to comply with the standards of fitness prescribed in the Code of Ordinances of the Town of Cary, Chapter 8, Buildings and Building Regulations, Article V Minimum Housing Standards in the respects listed below: Several exterior windows have been broken out leaving the dwelling exposed to the weather. There are large holes in the exterior siding allowing animals to nest inside the walls of the dwelling. The garage door is rotten and deteriorated. The soffits and the gutters are rotten, damaged or have fallen off the dwelling. There is severe damage to the exterior veneer of the dwelling. The exterior structural framing support members are exposed and rotten, due to the exterior damage in several areas throughout the dwelling. The front door has been kicked in and is damaged, causing the dwelling to be unsecured. Several windows have been broken out, causing the inside of dwelling to be exposed to the weather or have graffiti written on them. The interior of the dwelling has been vandalized. The interior sheetrock has been damaged in several areas throughout the dwelling. Electrical wires are damaged and exposed inside the dwelling. This has caused the electrical system to be unsafe. The interior appliances have been damaged by vandalism. The inside furnace has been damaged rendering the unit unsafe. All interior walls have been vandalized with graffiti on them. The interior guardrail system around the open stairs has been damaged or removed. There are several areas where rodents have nested inside the walls due to the damage to the exterior veneer. There are large amounts of rodent feces throughout the dwelling. The roof is leaking into the attic causing severe water damage to the 2nd floor bathroom ceiling. The insulation in the attic has been damaged by rodents. The attic is also infested with rodents. The back deck is rotten and unsafe. The HVAC duct system has been damaged by rodents in the crawlspace and at the furnace inside the dwelling. The insulation in the crawlspace has fallen down and has been damaged by rodents Several exterior roof truss bearing ends are damaged or rotten, due to exposure to the outside elements where soffits have fallen off. By reason of said deficiencies, said dwelling is UNFIT FOR HUMAN HABITATION. 2) The necessary repairs, alterations or improvements required to bring said dwelling up to the standards required under the minimum housing standards of the Town of Cary cannot be made except at a cost in excess of fifty percent (50%) of the current value of the dwelling, and the dwelling is therefore dilapidated. THEREFORE, IT IS ORDERED, ADJUDGED, AND DECREED that the dwelling located at 214 TRACKERS RD, being situated on Lot 97 ANDOVER & 883 PH1, SE1, BM ,

3 having a Real Estate ID of and Pin # of as shown on the Wake County tax maps Book & Page # 5694/0026, be and the same hereby is condemned as a dwelling UNFIT FOR HUMAN HABITATION and the owner therefore is ordered and directed to remove or demolish such dwelling within 90 days of entry of this Order, on or before July 16, Provided, however, nothing contained herein shall prevent the owner from obtaining the necessary permits so as to repair the dwelling bringing same into compliance with the Town of Cary minimum housing code and state building codes. AFTER JULY 16, 2015 IF THE DWELLING REMAINS IN VIOLATION AND YOU FAIL TO TIMELY REMOVE OR DEMOLISH THE DWELLING AS DIRECTED IN THIS ORDER THE MINIMUM HOUSING INSPECTOR MAY CAUSE SUCH DWELLING TO BE REMOVED OR DEMOLISHED AS PROVIDED IN NCGS 160A-443(5). FAILURE TO COMPLY WITH THIS ORDER WILL ALSO SUBJECT YOU TO A CIVIL PENALTY OF ONE HUNDRED DOLLARS ($100.00) FOR THE FIRST THIRTY (30) DAY PERIOD OR PART THEREOF IN WHICH A VIOLATION IS ALLOWED TO PERSIST, TWO HUNDRED DOLLARS ($200.00) FOR THE SECOND THIRTY (30) DAY PERIOD OR PART THEROF IN WHICH A VIOLATION IS ALLOWED TO PERSIST, AND FOUR HUNDRED DOLLARS ($400.00) FOR THE THIRD OR ANY SUBSEQUENT THIRTY (30) DAY PERIOD AFTER THE THIRD WILL BE SUBJECT TO A CIVIL PENALTY OF FOUR HUNDRED DOLLARS ($400.00). EACH THIRTY (30) DAY PERIOD OR PART THEREOF IN WHICH A VIOLATION IS ALLOWED TO PERSIST WILL CONSTITUTE A SEPARATE AND DISTINCT OFFENSE. Your file will remain open until all issues addressed in this Order have been abated. This Order may be enforced through any equitable or other remedy or enforcement action deemed appropriate by the town and permitted by law. This Order may be appealed within ten (10) days from the rendering of the decision or service of the order by filing a Notice of Appeal with the Minimum Housing Inspector and with the Zoning Board of Adjustment (Planning Department). The Notice of Appeal must specify the grounds upon which the appeal is based and must be accompanied by a $300 filing fee, payable to the Town of Cary. If you have any questions regarding this Order, please contact me at the Town of Cary Planning Department, 316 North Academy Street, Cary, North Carolina, by phone at (919) or by at darrell.parnell@townofcary.org. Sincerely, Darrell Parnell Minimum Housing Inspector

4 PLANNING DEPARTMENT NORTH CAROLINA WAKE COUNTY April 14, 2015 ORDER JEFFREY B &AUDREY R WHITACRE 214 TRACKERS RD CARY, NC CERTIFIED MAIL & US REGULAR MAIL RETURN RECEIPT REQUESTED In the Matter of: , Minimum Housing Violation at 214 TRACKERS RD Wake County, North Carolina THIS MATTER was heard on March 25, 2015 at 10:00 am before the undersigned Minimum Housing Inspector whose assigned duties include the enforcement of the Town of Cary Minimum Housing Ordinance. A Complaint and Notice of Hearing was issued on March 17, 2015, and served upon the owner of record and parties in interest as required by law. JEFFREY & AUDREY WHITACRE, residing at 4005 Quail Hollow Dr. Raleigh NC 27609, did not appear at this hearing, to discuss the continued deterioration of the dwelling and why they have failed to maintain their property. The undersigned does hereby make the following findings of fact: On March 10, 2015 after receiving several s and phone calls from surrounding neighbors, I stopped by the dwelling to check for minimum housing violations. On March 11 th, 2015 I obtained and administrate search warrant to complete my inspection. On March 11, 2015 the Town hired Terry Ashe, with Firm Foundations Community Services to conduct an inspection at 214 Trackers Rd to determine the work needed to comply with minimum housing codes and insure safety of the dwelling. A detailed result of his findings are in the file, but his estimation to repair the dwelling was 59,117 dollars. On March 12th 2015, I called a real estate appraiser with Wake County Revenue Department to see if the property could be evaluated to reflect the current value of the dwelling. After Wake County completed the evaluation the current building value dropped from 139,000 to 29,000 dollars. TOWN Of CARY 316 North Academy Street Cary, NC PO Box 8005 Cary, NC tel

5 1) The above referenced dwelling fails to comply with the standards of fitness prescribed in the Code of Ordinances of the Town of Cary, Chapter 8, Buildings and Building Regulations, Article V Minimum Housing Standards in the respects listed below: Several exterior windows have been broken out leaving the dwelling exposed to the weather. There are large holes in the exterior siding allowing animals to nest inside the walls of the dwelling. The garage door is rotten and deteriorated. The soffits and the gutters are rotten, damaged or have fallen off the dwelling. There is severe damage to the exterior veneer of the dwelling. The exterior structural framing support members are exposed and rotten, due to the exterior damage in several areas throughout the dwelling. The front door has been kicked in and is damaged, causing the dwelling to be unsecured. Several windows have been broken out, causing the inside of dwelling to be exposed to the weather or have graffiti written on them. The interior of the dwelling has been vandalized. The interior sheetrock has been damaged in several areas throughout the dwelling. Electrical wires are damaged and exposed inside the dwelling. This has caused the electrical system to be unsafe. The interior appliances have been damaged by vandalism. The inside furnace has been damaged rendering the unit unsafe. All interior walls have been vandalized with graffiti on them. The interior guardrail system around the open stairs has been damaged or removed. There are several areas where rodents have nested inside the walls due to the damage to the exterior veneer. There are large amounts of rodent feces throughout the dwelling. The roof is leaking into the attic causing severe water damage to the 2nd floor bathroom ceiling. The insulation in the attic has been damaged by rodents. The attic is also infested with rodents. The back deck is rotten and unsafe. The HVAC duct system has been damaged by rodents in the crawlspace and at the furnace inside the dwelling. The insulation in the crawlspace has fallen down and has been damaged by rodents Several exterior roof truss bearing ends are damaged or rotten, due to exposure to the outside elements where soffits have fallen off. By reason of said deficiencies, said dwelling is UNFIT FOR HUMAN HABITATION. 2) The necessary repairs, alterations or improvements required to bring said dwelling up to the standards required under the minimum housing standards of the Town of Cary cannot be made except at a cost in excess of fifty percent (50%) of the current value of the dwelling, and the dwelling is therefore dilapidated. THEREFORE, IT IS ORDERED, ADJUDGED, AND DECREED that the dwelling located at 214 TRACKERS RD, being situated on Lot 97 ANDOVER & 883 PH1, SE1, BM ,

6 having a Real Estate ID of and Pin # of as shown on the Wake County tax maps Book & Page # 5694/0026, be and the same hereby is condemned as a dwelling UNFIT FOR HUMAN HABITATION and the owner therefore is ordered and directed to remove or demolish such dwelling within 90 days of entry of this Order, on or before July 16, Provided, however, nothing contained herein shall prevent the owner from obtaining the necessary permits so as to repair the dwelling bringing same into compliance with the Town of Cary minimum housing code and state building codes. AFTER JULY 16, 2015 IF THE DWELLING REMAINS IN VIOLATION AND YOU FAIL TO TIMELY REMOVE OR DEMOLISH THE DWELLING AS DIRECTED IN THIS ORDER THE MINIMUM HOUSING INSPECTOR MAY CAUSE SUCH DWELLING TO BE REMOVED OR DEMOLISHED AS PROVIDED IN NCGS 160A-443(5). FAILURE TO COMPLY WITH THIS ORDER WILL ALSO SUBJECT YOU TO A CIVIL PENALTY OF ONE HUNDRED DOLLARS ($100.00) FOR THE FIRST THIRTY (30) DAY PERIOD OR PART THEREOF IN WHICH A VIOLATION IS ALLOWED TO PERSIST, TWO HUNDRED DOLLARS ($200.00) FOR THE SECOND THIRTY (30) DAY PERIOD OR PART THEROF IN WHICH A VIOLATION IS ALLOWED TO PERSIST, AND FOUR HUNDRED DOLLARS ($400.00) FOR THE THIRD OR ANY SUBSEQUENT THIRTY (30) DAY PERIOD AFTER THE THIRD WILL BE SUBJECT TO A CIVIL PENALTY OF FOUR HUNDRED DOLLARS ($400.00). EACH THIRTY (30) DAY PERIOD OR PART THEREOF IN WHICH A VIOLATION IS ALLOWED TO PERSIST WILL CONSTITUTE A SEPARATE AND DISTINCT OFFENSE. Your file will remain open until all issues addressed in this Order have been abated. This Order may be enforced through any equitable or other remedy or enforcement action deemed appropriate by the town and permitted by law. This Order may be appealed within ten (10) days from the rendering of the decision or service of the order by filing a Notice of Appeal with the Minimum Housing Inspector and with the Zoning Board of Adjustment (Planning Department). The Notice of Appeal must specify the grounds upon which the appeal is based and must be accompanied by a $300 filing fee, payable to the Town of Cary. If you have any questions regarding this Order, please contact me at the Town of Cary Planning Department, 316 North Academy Street, Cary, North Carolina, by phone at (919) or by at darrell.parnell@townofcary.org. Sincerely, Darrell Parnell Minimum Housing Inspector

7 PLANNING DEPARTMENT NORTH CAROLINA WAKE COUNTY April 14, 2015 ORDER WELLS FARGO BANK, N.A 3476 STATEVIEW BOULEVARD FORT MILL ( LOAN ID # ) FT MILL, SC CERTIFIED MAIL & US REGULAR MAIL RETURN RECEIPT REQUESTED In the Matter of: , Minimum Housing Violation at 214 TRACKERS RD Wake County, North Carolina THIS MATTER was heard on March 25, 2015 at 10:00 am before the undersigned Minimum Housing Inspector whose assigned duties include the enforcement of the Town of Cary Minimum Housing Ordinance. A Complaint and Notice of Hearing was issued on March 17, 2015, and served upon the owner of record and parties in interest as required by law. JEFFREY & AUDREY WHITACRE, residing at 4005 Quail Hollow Dr. Raleigh NC 27609, did not appear at this hearing, to discuss the continued deterioration of the dwelling and why they have failed to maintain their property. The undersigned does hereby make the following findings of fact: On March 10, 2015 after receiving several s and phone calls from surrounding neighbors, I stopped by the dwelling to check for minimum housing violations. On March 11 th, 2015 I obtained and administrate search warrant to complete my inspection. On March 11, 2015 the Town hired Terry Ashe, with Firm Foundations Community Services to conduct an inspection at 214 Trackers Rd to determine the work needed to comply with minimum housing codes and insure safety of the dwelling. A detailed result of his findings are in the file, but his estimation to repair the dwelling was 59,117 dollars. On March 12th 2015, I called a real estate appraiser with Wake County Revenue Department to see if the property could be evaluated to reflect the current value of the dwelling. After Wake County completed the evaluation the current building value dropped from 139,000 to 29,000 dollars. TOWN Of CARY 316 North Academy Street Cary, NC PO Box 8005 Cary, NC tel

8 1) The above referenced dwelling fails to comply with the standards of fitness prescribed in the Code of Ordinances of the Town of Cary, Chapter 8, Buildings and Building Regulations, Article V Minimum Housing Standards in the respects listed below: Several exterior windows have been broken out leaving the dwelling exposed to the weather. There are large holes in the exterior siding allowing animals to nest inside the walls of the dwelling. The garage door is rotten and deteriorated. The soffits and the gutters are rotten, damaged or have fallen off the dwelling. There is severe damage to the exterior veneer of the dwelling. The exterior structural framing support members are exposed and rotten, due to the exterior damage in several areas throughout the dwelling. The front door has been kicked in and is damaged, causing the dwelling to be unsecured. Several windows have been broken out, causing the inside of dwelling to be exposed to the weather or have graffiti written on them. The interior of the dwelling has been vandalized. The interior sheetrock has been damaged in several areas throughout the dwelling. Electrical wires are damaged and exposed inside the dwelling. This has caused the electrical system to be unsafe. The interior appliances have been damaged by vandalism. The inside furnace has been damaged rendering the unit unsafe. All interior walls have been vandalized with graffiti on them. The interior guardrail system around the open stairs has been damaged or removed. There are several areas where rodents have nested inside the walls due to the damage to the exterior veneer. There are large amounts of rodent feces throughout the dwelling. The roof is leaking into the attic causing severe water damage to the 2nd floor bathroom ceiling. The insulation in the attic has been damaged by rodents. The attic is also infested with rodents. The back deck is rotten and unsafe. The HVAC duct system has been damaged by rodents in the crawlspace and at the furnace inside the dwelling. The insulation in the crawlspace has fallen down and has been damaged by rodents Several exterior roof truss bearing ends are damaged or rotten, due to exposure to the outside elements where soffits have fallen off. By reason of said deficiencies, said dwelling is UNFIT FOR HUMAN HABITATION. 2) The necessary repairs, alterations or improvements required to bring said dwelling up to the standards required under the minimum housing standards of the Town of Cary cannot be made except at a cost in excess of fifty percent (50%) of the current value of the dwelling, and the dwelling is therefore dilapidated. THEREFORE, IT IS ORDERED, ADJUDGED, AND DECREED that the dwelling located at 214 TRACKERS RD, being situated on Lot 97 ANDOVER & 883 PH1, SE1, BM ,

9 having a Real Estate ID of and Pin # of as shown on the Wake County tax maps Book & Page # 5694/0026, be and the same hereby is condemned as a dwelling UNFIT FOR HUMAN HABITATION and the owner therefore is ordered and directed to remove or demolish such dwelling within 90 days of entry of this Order, on or before July 16, Provided, however, nothing contained herein shall prevent the owner from obtaining the necessary permits so as to repair the dwelling bringing same into compliance with the Town of Cary minimum housing code and state building codes. AFTER JULY 16, 2015 IF THE DWELLING REMAINS IN VIOLATION AND YOU FAIL TO TIMELY REMOVE OR DEMOLISH THE DWELLING AS DIRECTED IN THIS ORDER THE MINIMUM HOUSING INSPECTOR MAY CAUSE SUCH DWELLING TO BE REMOVED OR DEMOLISHED AS PROVIDED IN NCGS 160A-443(5). FAILURE TO COMPLY WITH THIS ORDER WILL ALSO SUBJECT YOU TO A CIVIL PENALTY OF ONE HUNDRED DOLLARS ($100.00) FOR THE FIRST THIRTY (30) DAY PERIOD OR PART THEREOF IN WHICH A VIOLATION IS ALLOWED TO PERSIST, TWO HUNDRED DOLLARS ($200.00) FOR THE SECOND THIRTY (30) DAY PERIOD OR PART THEROF IN WHICH A VIOLATION IS ALLOWED TO PERSIST, AND FOUR HUNDRED DOLLARS ($400.00) FOR THE THIRD OR ANY SUBSEQUENT THIRTY (30) DAY PERIOD AFTER THE THIRD WILL BE SUBJECT TO A CIVIL PENALTY OF FOUR HUNDRED DOLLARS ($400.00). EACH THIRTY (30) DAY PERIOD OR PART THEREOF IN WHICH A VIOLATION IS ALLOWED TO PERSIST WILL CONSTITUTE A SEPARATE AND DISTINCT OFFENSE. Your file will remain open until all issues addressed in this Order have been abated. This Order may be enforced through any equitable or other remedy or enforcement action deemed appropriate by the town and permitted by law. This Order may be appealed within ten (10) days from the rendering of the decision or service of the order by filing a Notice of Appeal with the Minimum Housing Inspector and with the Zoning Board of Adjustment (Planning Department). The Notice of Appeal must specify the grounds upon which the appeal is based and must be accompanied by a $300 filing fee, payable to the Town of Cary. If you have any questions regarding this Order, please contact me at the Town of Cary Planning Department, 316 North Academy Street, Cary, North Carolina, by phone at (919) or by at darrell.parnell@townofcary.org. Sincerely, Darrell Parnell Minimum Housing Inspector

10 PLANNING DEPARTMENT NORTH CAROLINA WAKE COUNTY April 14, 2015 ORDER WELLS FARGO HOME MORTGAGE ATTN: PROPERTY PRESERVATION X HOME CAMPUS DES MOINES, IA CERTIFIED MAIL & US REGULAR MAIL RETURN RECEIPT REQUESTED In the Matter of: , Minimum Housing Violation at 214 TRACKERS RD Wake County, North Carolina THIS MATTER was heard on March 25, 2015 at 10:00 am before the undersigned Minimum Housing Inspector whose assigned duties include the enforcement of the Town of Cary Minimum Housing Ordinance. A Complaint and Notice of Hearing was issued on March 17, 2015, and served upon the owner of record and parties in interest as required by law. JEFFREY & AUDREY WHITACRE, residing at 4005 Quail Hollow Dr. Raleigh NC 27609, did not appear at this hearing, to discuss the continued deterioration of the dwelling and why they have failed to maintain their property. The undersigned does hereby make the following findings of fact: On March 10, 2015 after receiving several s and phone calls from surrounding neighbors, I stopped by the dwelling to check for minimum housing violations. On March 11 th, 2015 I obtained and administrate search warrant to complete my inspection. On March 11, 2015 the Town hired Terry Ashe, with Firm Foundations Community Services to conduct an inspection at 214 Trackers Rd to determine the work needed to comply with minimum housing codes and insure safety of the dwelling. A detailed result of his findings are in the file, but his estimation to repair the dwelling was 59,117 dollars. On March 12th 2015, I called a real estate appraiser with Wake County Revenue Department to see if the property could be evaluated to reflect the current value of the dwelling. After Wake County completed the evaluation the current building value dropped from 139,000 to 29,000 dollars. TOWN Of CARY 316 North Academy Street Cary, NC PO Box 8005 Cary, NC tel

11 1) The above referenced dwelling fails to comply with the standards of fitness prescribed in the Code of Ordinances of the Town of Cary, Chapter 8, Buildings and Building Regulations, Article V Minimum Housing Standards in the respects listed below: Several exterior windows have been broken out leaving the dwelling exposed to the weather. There are large holes in the exterior siding allowing animals to nest inside the walls of the dwelling. The garage door is rotten and deteriorated. The soffits and the gutters are rotten, damaged or have fallen off the dwelling. There is severe damage to the exterior veneer of the dwelling. The exterior structural framing support members are exposed and rotten, due to the exterior damage in several areas throughout the dwelling. The front door has been kicked in and is damaged, causing the dwelling to be unsecured. Several windows have been broken out, causing the inside of dwelling to be exposed to the weather or have graffiti written on them. The interior of the dwelling has been vandalized. The interior sheetrock has been damaged in several areas throughout the dwelling. Electrical wires are damaged and exposed inside the dwelling. This has caused the electrical system to be unsafe. The interior appliances have been damaged by vandalism. The inside furnace has been damaged rendering the unit unsafe. All interior walls have been vandalized with graffiti on them. The interior guardrail system around the open stairs has been damaged or removed. There are several areas where rodents have nested inside the walls due to the damage to the exterior veneer. There are large amounts of rodent feces throughout the dwelling. The roof is leaking into the attic causing severe water damage to the 2nd floor bathroom ceiling. The insulation in the attic has been damaged by rodents. The attic is also infested with rodents. The back deck is rotten and unsafe. The HVAC duct system has been damaged by rodents in the crawlspace and at the furnace inside the dwelling. The insulation in the crawlspace has fallen down and has been damaged by rodents Several exterior roof truss bearing ends are damaged or rotten, due to exposure to the outside elements where soffits have fallen off. By reason of said deficiencies, said dwelling is UNFIT FOR HUMAN HABITATION. 2) The necessary repairs, alterations or improvements required to bring said dwelling up to the standards required under the minimum housing standards of the Town of Cary cannot be made except at a cost in excess of fifty percent (50%) of the current value of the dwelling, and the dwelling is therefore dilapidated. THEREFORE, IT IS ORDERED, ADJUDGED, AND DECREED that the dwelling located at 214 TRACKERS RD, being situated on Lot 97 ANDOVER & 883 PH1, SE1, BM ,

12 having a Real Estate ID of and Pin # of as shown on the Wake County tax maps Book & Page # 5694/0026, be and the same hereby is condemned as a dwelling UNFIT FOR HUMAN HABITATION and the owner therefore is ordered and directed to remove or demolish such dwelling within 90 days of entry of this Order, on or before July 16, Provided, however, nothing contained herein shall prevent the owner from obtaining the necessary permits so as to repair the dwelling bringing same into compliance with the Town of Cary minimum housing code and state building codes. AFTER JULY 16, 2015 IF THE DWELLING REMAINS IN VIOLATION AND YOU FAIL TO TIMELY REMOVE OR DEMOLISH THE DWELLING AS DIRECTED IN THIS ORDER THE MINIMUM HOUSING INSPECTOR MAY CAUSE SUCH DWELLING TO BE REMOVED OR DEMOLISHED AS PROVIDED IN NCGS 160A-443(5). FAILURE TO COMPLY WITH THIS ORDER WILL ALSO SUBJECT YOU TO A CIVIL PENALTY OF ONE HUNDRED DOLLARS ($100.00) FOR THE FIRST THIRTY (30) DAY PERIOD OR PART THEREOF IN WHICH A VIOLATION IS ALLOWED TO PERSIST, TWO HUNDRED DOLLARS ($200.00) FOR THE SECOND THIRTY (30) DAY PERIOD OR PART THEROF IN WHICH A VIOLATION IS ALLOWED TO PERSIST, AND FOUR HUNDRED DOLLARS ($400.00) FOR THE THIRD OR ANY SUBSEQUENT THIRTY (30) DAY PERIOD AFTER THE THIRD WILL BE SUBJECT TO A CIVIL PENALTY OF FOUR HUNDRED DOLLARS ($400.00). EACH THIRTY (30) DAY PERIOD OR PART THEREOF IN WHICH A VIOLATION IS ALLOWED TO PERSIST WILL CONSTITUTE A SEPARATE AND DISTINCT OFFENSE. Your file will remain open until all issues addressed in this Order have been abated. This Order may be enforced through any equitable or other remedy or enforcement action deemed appropriate by the town and permitted by law. This Order may be appealed within ten (10) days from the rendering of the decision or service of the order by filing a Notice of Appeal with the Minimum Housing Inspector and with the Zoning Board of Adjustment (Planning Department). The Notice of Appeal must specify the grounds upon which the appeal is based and must be accompanied by a $300 filing fee, payable to the Town of Cary. If you have any questions regarding this Order, please contact me at the Town of Cary Planning Department, 316 North Academy Street, Cary, North Carolina, by phone at (919) or by at darrell.parnell@townofcary.org. Sincerely, Darrell Parnell Minimum Housing Inspector

13 PLANNING DEPARTMENT NORTH CAROLINA WAKE COUNTY April 14, 2015 ORDER HUD CASE # ASHEVILLE BUILDING, 1500 PINECROFT RD,SUITE 401 GREENSBORO, NC CERTIFIED MAIL & US REGULAR MAIL RETURN RECEIPT REQUESTED In the Matter of: , Minimum Housing Violation at 214 TRACKERS RD Wake County, North Carolina THIS MATTER was heard on March 25, 2015 at 10:00 am before the undersigned Minimum Housing Inspector whose assigned duties include the enforcement of the Town of Cary Minimum Housing Ordinance. A Complaint and Notice of Hearing was issued on March 17, 2015, and served upon the owner of record and parties in interest as required by law. JEFFREY & AUDREY WHITACRE, residing at 4005 Quail Hollow Dr. Raleigh NC 27609, did not appear at this hearing, to discuss the continued deterioration of the dwelling and why they have failed to maintain their property. The undersigned does hereby make the following findings of fact: On March 10, 2015 after receiving several s and phone calls from surrounding neighbors, I stopped by the dwelling to check for minimum housing violations. On March 11 th, 2015 I obtained and administrate search warrant to complete my inspection. On March 11, 2015 the Town hired Terry Ashe, with Firm Foundations Community Services to conduct an inspection at 214 Trackers Rd to determine the work needed to comply with minimum housing codes and insure safety of the dwelling. A detailed result of his findings are in the file, but his estimation to repair the dwelling was 59,117 dollars. On March 12th 2015, I called a real estate appraiser with Wake County Revenue Department to see if the property could be evaluated to reflect the current value of the dwelling. After Wake County completed the evaluation the current building value dropped from 139,000 to 29,000 dollars. TOWN Of CARY 316 North Academy Street Cary, NC PO Box 8005 Cary, NC tel

14 1) The above referenced dwelling fails to comply with the standards of fitness prescribed in the Code of Ordinances of the Town of Cary, Chapter 8, Buildings and Building Regulations, Article V Minimum Housing Standards in the respects listed below: Several exterior windows have been broken out leaving the dwelling exposed to the weather. There are large holes in the exterior siding allowing animals to nest inside the walls of the dwelling. The garage door is rotten and deteriorated. The soffits and the gutters are rotten, damaged or have fallen off the dwelling. There is severe damage to the exterior veneer of the dwelling. The exterior structural framing support members are exposed and rotten, due to the exterior damage in several areas throughout the dwelling. The front door has been kicked in and is damaged, causing the dwelling to be unsecured. Several windows have been broken out, causing the inside of dwelling to be exposed to the weather or have graffiti written on them. The interior of the dwelling has been vandalized. The interior sheetrock has been damaged in several areas throughout the dwelling. Electrical wires are damaged and exposed inside the dwelling. This has caused the electrical system to be unsafe. The interior appliances have been damaged by vandalism. The inside furnace has been damaged rendering the unit unsafe. All interior walls have been vandalized with graffiti on them. The interior guardrail system around the open stairs has been damaged or removed. There are several areas where rodents have nested inside the walls due to the damage to the exterior veneer. There are large amounts of rodent feces throughout the dwelling. The roof is leaking into the attic causing severe water damage to the 2nd floor bathroom ceiling. The insulation in the attic has been damaged by rodents. The attic is also infested with rodents. The back deck is rotten and unsafe. The HVAC duct system has been damaged by rodents in the crawlspace and at the furnace inside the dwelling. The insulation in the crawlspace has fallen down and has been damaged by rodents Several exterior roof truss bearing ends are damaged or rotten, due to exposure to the outside elements where soffits have fallen off. By reason of said deficiencies, said dwelling is UNFIT FOR HUMAN HABITATION. 2) The necessary repairs, alterations or improvements required to bring said dwelling up to the standards required under the minimum housing standards of the Town of Cary cannot be made except at a cost in excess of fifty percent (50%) of the current value of the dwelling, and the dwelling is therefore dilapidated. THEREFORE, IT IS ORDERED, ADJUDGED, AND DECREED that the dwelling located at 214 TRACKERS RD, being situated on Lot 97 ANDOVER & 883 PH1, SE1, BM ,

15 having a Real Estate ID of and Pin # of as shown on the Wake County tax maps Book & Page # 5694/0026, be and the same hereby is condemned as a dwelling UNFIT FOR HUMAN HABITATION and the owner therefore is ordered and directed to remove or demolish such dwelling within 90 days of entry of this Order, on or before July 16, Provided, however, nothing contained herein shall prevent the owner from obtaining the necessary permits so as to repair the dwelling bringing same into compliance with the Town of Cary minimum housing code and state building codes. AFTER JULY 16, 2015 IF THE DWELLING REMAINS IN VIOLATION AND YOU FAIL TO TIMELY REMOVE OR DEMOLISH THE DWELLING AS DIRECTED IN THIS ORDER THE MINIMUM HOUSING INSPECTOR MAY CAUSE SUCH DWELLING TO BE REMOVED OR DEMOLISHED AS PROVIDED IN NCGS 160A-443(5). FAILURE TO COMPLY WITH THIS ORDER WILL ALSO SUBJECT YOU TO A CIVIL PENALTY OF ONE HUNDRED DOLLARS ($100.00) FOR THE FIRST THIRTY (30) DAY PERIOD OR PART THEREOF IN WHICH A VIOLATION IS ALLOWED TO PERSIST, TWO HUNDRED DOLLARS ($200.00) FOR THE SECOND THIRTY (30) DAY PERIOD OR PART THEROF IN WHICH A VIOLATION IS ALLOWED TO PERSIST, AND FOUR HUNDRED DOLLARS ($400.00) FOR THE THIRD OR ANY SUBSEQUENT THIRTY (30) DAY PERIOD AFTER THE THIRD WILL BE SUBJECT TO A CIVIL PENALTY OF FOUR HUNDRED DOLLARS ($400.00). EACH THIRTY (30) DAY PERIOD OR PART THEREOF IN WHICH A VIOLATION IS ALLOWED TO PERSIST WILL CONSTITUTE A SEPARATE AND DISTINCT OFFENSE. Your file will remain open until all issues addressed in this Order have been abated. This Order may be enforced through any equitable or other remedy or enforcement action deemed appropriate by the town and permitted by law. This Order may be appealed within ten (10) days from the rendering of the decision or service of the order by filing a Notice of Appeal with the Minimum Housing Inspector and with the Zoning Board of Adjustment (Planning Department). The Notice of Appeal must specify the grounds upon which the appeal is based and must be accompanied by a $300 filing fee, payable to the Town of Cary. If you have any questions regarding this Order, please contact me at the Town of Cary Planning Department, 316 North Academy Street, Cary, North Carolina, by phone at (919) or by at darrell.parnell@townofcary.org. Sincerely, Darrell Parnell Minimum Housing Inspector

16 PLANNING DEPARTMENT NORTH CAROLINA WAKE COUNTY IRS ADVISORY GROUP 4905 KOGER BOULEVARD, SUITE 102 MAIL STOP # 8 GREENSBORO, NC CERTIFIED MAIL & US REGULAR MAIL RETURN RECEIPT REQUESTED April 14, 2015 ORDER In the Matter of: , Minimum Housing Violation at 214 TRACKERS RD Wake County, North Carolina THIS MATTER was heard on March 25, 2015 at 10:00 am before the undersigned Minimum Housing Inspector whose assigned duties include the enforcement of the Town of Cary Minimum Housing Ordinance. A Complaint and Notice of Hearing was issued on March 17, 2015, and served upon the owner of record and parties in interest as required by law. JEFFREY & AUDREY WHITACRE, residing at 4005 Quail Hollow Dr. Raleigh NC 27609, did not appear at this hearing, to discuss the continued deterioration of the dwelling and why they have failed to maintain their property. The undersigned does hereby make the following findings of fact: On March 10, 2015 after receiving several s and phone calls from surrounding neighbors, I stopped by the dwelling to check for minimum housing violations. On March 11 th, 2015 I obtained and administrate search warrant to complete my inspection. On March 11, 2015 the Town hired Terry Ashe, with Firm Foundations Community Services to conduct an inspection at 214 Trackers Rd to determine the work needed to comply with minimum housing codes and insure safety of the dwelling. A detailed result of his findings are in the file, but his estimation to repair the dwelling was 59,117 dollars. On March 12th 2015, I called a real estate appraiser with Wake County Revenue Department to see if the property could be evaluated to reflect the current value of the dwelling. After Wake County completed the evaluation the current building value dropped from 139,000 to 29,000 dollars. TOWN Of CARY 316 North Academy Street Cary, NC PO Box 8005 Cary, NC tel

17 1) The above referenced dwelling fails to comply with the standards of fitness prescribed in the Code of Ordinances of the Town of Cary, Chapter 8, Buildings and Building Regulations, Article V Minimum Housing Standards in the respects listed below: Several exterior windows have been broken out leaving the dwelling exposed to the weather. There are large holes in the exterior siding allowing animals to nest inside the walls of the dwelling. The garage door is rotten and deteriorated. The soffits and the gutters are rotten, damaged or have fallen off the dwelling. There is severe damage to the exterior veneer of the dwelling. The exterior structural framing support members are exposed and rotten, due to the exterior damage in several areas throughout the dwelling. The front door has been kicked in and is damaged, causing the dwelling to be unsecured. Several windows have been broken out, causing the inside of dwelling to be exposed to the weather or have graffiti written on them. The interior of the dwelling has been vandalized. The interior sheetrock has been damaged in several areas throughout the dwelling. Electrical wires are damaged and exposed inside the dwelling. This has caused the electrical system to be unsafe. The interior appliances have been damaged by vandalism. The inside furnace has been damaged rendering the unit unsafe. All interior walls have been vandalized with graffiti on them. The interior guardrail system around the open stairs has been damaged or removed. There are several areas where rodents have nested inside the walls due to the damage to the exterior veneer. There are large amounts of rodent feces throughout the dwelling. The roof is leaking into the attic causing severe water damage to the 2nd floor bathroom ceiling. The insulation in the attic has been damaged by rodents. The attic is also infested with rodents. The back deck is rotten and unsafe. The HVAC duct system has been damaged by rodents in the crawlspace and at the furnace inside the dwelling. The insulation in the crawlspace has fallen down and has been damaged by rodents Several exterior roof truss bearing ends are damaged or rotten, due to exposure to the outside elements where soffits have fallen off. By reason of said deficiencies, said dwelling is UNFIT FOR HUMAN HABITATION. 2) The necessary repairs, alterations or improvements required to bring said dwelling up to the standards required under the minimum housing standards of the Town of Cary cannot be made except at a cost in excess of fifty percent (50%) of the current value of the dwelling, and the dwelling is therefore dilapidated. THEREFORE, IT IS ORDERED, ADJUDGED, AND DECREED that the dwelling located at 214 TRACKERS RD, being situated on Lot 97 ANDOVER & 883 PH1, SE1, BM ,

18 having a Real Estate ID of and Pin # of as shown on the Wake County tax maps Book & Page # 5694/0026, be and the same hereby is condemned as a dwelling UNFIT FOR HUMAN HABITATION and the owner therefore is ordered and directed to remove or demolish such dwelling within 90 days of entry of this Order, on or before July 16, Provided, however, nothing contained herein shall prevent the owner from obtaining the necessary permits so as to repair the dwelling bringing same into compliance with the Town of Cary minimum housing code and state building codes. AFTER JULY 16, 2015 IF THE DWELLING REMAINS IN VIOLATION AND YOU FAIL TO TIMELY REMOVE OR DEMOLISH THE DWELLING AS DIRECTED IN THIS ORDER THE MINIMUM HOUSING INSPECTOR MAY CAUSE SUCH DWELLING TO BE REMOVED OR DEMOLISHED AS PROVIDED IN NCGS 160A-443(5). FAILURE TO COMPLY WITH THIS ORDER WILL ALSO SUBJECT YOU TO A CIVIL PENALTY OF ONE HUNDRED DOLLARS ($100.00) FOR THE FIRST THIRTY (30) DAY PERIOD OR PART THEREOF IN WHICH A VIOLATION IS ALLOWED TO PERSIST, TWO HUNDRED DOLLARS ($200.00) FOR THE SECOND THIRTY (30) DAY PERIOD OR PART THEROF IN WHICH A VIOLATION IS ALLOWED TO PERSIST, AND FOUR HUNDRED DOLLARS ($400.00) FOR THE THIRD OR ANY SUBSEQUENT THIRTY (30) DAY PERIOD AFTER THE THIRD WILL BE SUBJECT TO A CIVIL PENALTY OF FOUR HUNDRED DOLLARS ($400.00). EACH THIRTY (30) DAY PERIOD OR PART THEREOF IN WHICH A VIOLATION IS ALLOWED TO PERSIST WILL CONSTITUTE A SEPARATE AND DISTINCT OFFENSE. Your file will remain open until all issues addressed in this Order have been abated. This Order may be enforced through any equitable or other remedy or enforcement action deemed appropriate by the town and permitted by law. This Order may be appealed within ten (10) days from the rendering of the decision or service of the order by filing a Notice of Appeal with the Minimum Housing Inspector and with the Zoning Board of Adjustment (Planning Department). The Notice of Appeal must specify the grounds upon which the appeal is based and must be accompanied by a $300 filing fee, payable to the Town of Cary. If you have any questions regarding this Order, please contact me at the Town of Cary Planning Department, 316 North Academy Street, Cary, North Carolina, by phone at (919) or by at darrell.parnell@townofcary.org. Sincerely, Darrell Parnell Minimum Housing Inspector

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