Unified Development Ordinance, 31st Supplement, May 2024

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

11.6 of this UDO. Cancellation of the lis pendens must be made in a writing signed by the inspector and filed with the Clerk of Court. Sec. 11.6.11. Board of Adjustment to Hear Appeals An appeal from any decision or order of the inspector pursuant to this Article may be made by the person aggrieved thereby or by any officer, board or commission of the City. Any such appeal shall be made to the Board of Adjustment and governed If the owner fails to comply with an order to repair, alter or improve or to vacate and close the dwelling, the City may cause such dwelling to be repaired, altered or improved or to be vacated and closed; the City may cause to be posted on the main entrance of any dwelling so closed, a placard with the following words: "This building is unfit for human habitation; the use or occupation of this building for human habitation is prohibited and unlawful." The removal of such placard when posted pursuant hereto shall be unlawful. Sec. 11.6.13. Approval by Governing Body of Removal or Demolition of Dwelling If the owner fails to comply with an order to remove or demolish a dwelling, the City may cause such dwelling to be removed or demolished. Provided that placarding of the premises as set forth in Sec. 11.6.12. shall not be exercised until the Council shall have by ordinance found the property to be unfit for human habitation and which property or properties were so found described in the ordinance. Such ordinance shall be recorded in Register of Deeds of Wake County and shall be indexed in the name of the property owner in the grantor index. Sec. 11.6.14. Lien On Premises for Costs; Sale of Materials, etc. A. The amount of the cost of repairs, alterations or improvements to the property; vacating and closing of the property; or removal or demolition of the property by the City of Raleigh shall be a lien against the real property upon which such costs were incurred. B. Any lien filed pursuant to this section shall have the same priority and be collected as set forth in G.S. 160A-216 et seq. by the procedures set forth in G.S. §160D-1208. Sec. 11.6.12. Placarding Premises

C. If the dwelling is removed or demolished by the City of Raleigh, the materials of the dwelling and any personal property, fixtures or appurtenances found in or attached to the dwelling shall be sold and the proceeds of the sale shall be credited against the cost of the removal or demolition. Any balance remaining after the sale shall be deposited with the Superior Court and shall be secured in such manner as may be directed by the court and shall be disbursed by the court to the persons found to be entitled to the proceeds thereof as established by order or decree of the court. D. Nothing in this chapter shall be construed to impair or limit in any way the power of the City to define and declare nuisances and to cause their removal or abatement by any method authorized by this UDO, the Code or the laws of the State of North Carolina. Sec. 11.6.15. Alternate Remedies If any dwelling is erected, constructed, altered, repaired, converted, maintained or used in violation of this chapter or of any ordinance or code adopted or any valid order or decision of the City or board made pursuant to any ordinance or code adopted, the City or board may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration or use, to restrain, correct or abate such violation, to prevent the occupancy of the dwelling, or to prevent any illegal act, conduct or use in or about the premises of the dwelling. Sec. 11.6.16. Penalty A. It shall be unlawful for the owner to occupy or to permit the occupancy by others or for anyone to occupy a dwelling which has been posted with the notices authorized by Sec. 11.6.12. after the time prescribed in the notice for the vacation of said dwelling. Each day's occupancy after said date shall be a separate and distinct offense. B. If any person shall violate any provision of this chapter, he shall be guilty of a misdemeanor and shall be punished as provided by law. C. Any owner of a dwelling who fails to comply with an order to repair, vacate and close or demolish any dwelling determined to be unfit for human habitation pursuant to the provisions contained in Sec. 11.6.7. and Sec. 11.6.8. , or who permits the reoccupancy of an unfit dwelling in violation of Sec. 11.6.6. shall be subject to a civil penalty of $500.00 for the first day following the expiration of an order to repair, vacate and close or demolish any dwelling or following a determination that an unfit dwelling has been reoccupied in violation of Sec.

Supp. No. 31

11 – 32 Published May 2024

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