Unified Development Ordinance, 31st Supplement, May 2024

CHAPTER 11. ​BUILDING AND HOUSING CODE | Article 11.4. Enforcement Provisions

herein adopted or to refuse or fail to comply with any order of the City or of any inspector made in accordance with this chapter or the regulatory codes herein adopted. Each day shall be a subsequent violation. Sec. 11.4.10. Civil Penalty A. Generally Unless otherwise stated in this UDO, any act constituting a violation of the building code as adopted herein shall subject the offender to a civil penalty in the amount of $50.00 to be recovered by the City in a civil action in the nature of a debt or as otherwise provided herein if the offender fails to pay the penalty within 48 hours from and after receipt of a citation of a violation. B. Additional Penalty Unless otherwise stated in this UDO, a penalty of $25.00, in addition to the 1 imposed for payment within 48 hours, shall apply in those cases in which the penalties prescribed in this section have not been paid within the prescribed 48 hour period and in which a civil action shall have been instituted. C. Settlement of Civil Claim The City is authorized to accept full payment of all monies owed in full and final settlement of the claim or claims, right or rights of action which the City may have to enforce such penalty by civil action in the nature of debt. Acceptance of any and all claims, or right of action arising out of contended violations only if the activities or non-activities which gave rise to the violations are abated or otherwise made lawful. D. Continuing Violations Each day's continuing violation shall be a separate offense. No civil penalty for continuing violations shall be levied against the same person for the same continuing violation at the same location more than once unless and until the City shall deliver a written notice by personal service, registered mail or certified mail — return receipt requested or as otherwise permitted by law— to the property owner or other person responsible for such violation indicating the nature of the violation and ordering corrective action. The notice shall also set forth the time period when corrective measures must be completed. The notice shall state that failure to correct the violation within the specified time period will result in the assessment of additional civil penalties and other enforcement

action. If after the allotted time period has expired and after the hearing of any appeal, if any, the corrective action has not been completed, a civil penalty shall be assessed in the amount of $100.00 per day of continuing violation unless otherwise stated in this UDO. E. Additional Civil Penalty for Occupancy Without Certificate Any person who occupies or allows the occupancy of a building or space without first receiving a Certificate of Occupancy or a Temporary Certificate of Occupancy shall be subject to an initial civil penalty of $250.00 and to continuing penalties of $100.00 for each day's violation thereafter. This penalty shall be in addition to other civil penalties or remedies available under the City Code.

Supp. No. 31

11 – 14 Published May 2024

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