Unified Development Ordinance, 31st Supplement, May 2024

Article 11.6. ​Housing Code | CHAPTER 11. ​BUILDING AND HOUSING CODE

of the value, requiring the owner, within the time specified in any event and not less than 90 days, to repair, alter or improve such dwelling to render it fit for human habitation, or remove or demolish such dwelling. C. Dwellings ordered vacated and closed shall have all outer doors firmly locked and basement, cellar and first-story windows barred or boarded to prevent entry, and shall not again be used for human habitation until a Certificate of Housing Code Compliance has been issued pursuant to Sec. 11.6.6.C. D. If the owner has vacated and closed a dwelling pursuant to an order issued by the inspector as provided in Sec. 11.6.8.A. , or if a dwelling is vacated and closed by the owner by the order of an ordinance adopted by Council and remains vacated and closed for a period of 1 year pursuant to the order or ordinance; and if the Council shall find that the owner has abandoned the intent and purpose to repair, alter or improve the dwelling in order to render it fit for human habitation and that the continuation of the dwelling in its vacated and closed status would be inimical to the health, safety, morals and welfare of the municipality in that the dwelling would continue to deteriorate, would create a fire and safety hazard, would be a threat to children and vagrants, would attract persons intent on criminal activities, would cause or contribute to blight and the deterioration of property values in the area, and would render unavailable property and a dwelling which might otherwise have been made available to ease the persistent shortage of decent and affordable housing in this State; then in such circumstances, after the expiration of such 1-year period, the Council may enact an ordinance and serve such ordinance upon the owner, requiring that the owner either: 1. Repair or demolish and remove the dwelling within 90 days, if the repair necessary to render the dwelling fit for human habitation would cost less than 50 percent of the present value of the dwelling; or 2. Demolish and remove the dwelling within 90 days if the repair necessary to render the dwelling fit for human habitation would cost in excess of 50 percent of the present value of the dwelling. Such order shall be recorded in the Register of Deeds of Wake County and shall be indexed in the name of the property owner in the grantor index. If the owner fails to comply with this order within the time fixed by such order, then the City shall cause such dwelling to be repaired or demolished and removed pursuant to said order. The cost of such repairs, alterations, improvements, or demolition and removal shall be a lien on the property as prescribed in Sec. 11.6.14.

E. Whenever a determination is made pursuant to this Article that a dwelling must be vacated and closed, or removed, or demolished, notice of the order shall be given by first class mail to any organization involved in providing or restoring dwellings for affordable housing that has filed a written request with the City for such notices. No removal or demolition by action of the public officer shall occur until a minimum of 45 days has elapsed from the mailing of such notice. Sec. 11.6.9. Methods of Service A. Complaints or orders issued by an inspector shall be served upon persons either personally or by registered or certified mail. When service is made by registered or certified mail, a copy of the complaint or order may also be sent by regular mail. Service shall be deemed sufficient if the registered or certified mail is unclaimed or refused, but the regular mail is not returned by the post office within 10 days after the mailing. If regular mail is used, a notice of the pending proceedings shall be posted in a conspicuous place on the premises affected. B. If the identities of any owners or whereabouts of persons are unknown and the same cannot be ascertained by the inspector in the exercise of reasonable diligence, or if the owners are known but have refused to accept service by registered or certified mail, the inspector shall make an affidavit to that effect, stating the steps taken to determine and locate the persons in interest, then the serving of such complaint or order upon such owners or persons may be made by publication in a newspaper having general circulation in the City at least once no later than the time at which personal service would be required under Sec. 11.6.7. Where such service is by publication, a notice of the pending proceedings shall be posted in a conspicuous place on the premises thereby affected. Sec. 11.6.10. Lis Pendens A. After an inspector issues a complaint containing a notice of hearing or issues an order pursuant thereto, any inspector shall file a notice of lis pendens with the Clerk of Superior Court of the county where the property is located. A copy of the complaint containing a notice of hearing or a copy of the order shall be attached to the lis pendens . When the lis pendens is filed with the Clerk, it shall also be served on the owners and parties in interest in the building or dwelling, including any lienholders and tenants who may be determined by the exercise of reasonable diligence. B. Any inspector may cancel the lis pendens upon a determination by that inspector that the property fully complies with the Minimum Housing Code, and Article

11 – 31 Published May 2024

Part 10: Unified Development Ordinance City of Raleigh, North Carolina

Supp. No. 31