Unified Development Ordinance, 32nd Supplement, July 2024

CHAPTER 10. ADMINISTRATION | Article 10.4. ​Nonconformities

Article 10.4. Enforcement Sec. 10.4.1. Violations and Violators

C. The terms contrary to or violation of a lawful plan include the establishment, creation, expansion, alteration, relocation, occupancy or continuation of any use, building or structure for which a plan is required except in accordance with the terms, conditions and provisions of the approved lawful plan. D. The enumeration of these declared violations shall not be deemed exclusive or all-inclusive. All persons who shall commit violations shall be held responsible and shall be subject to the penalties and remedies provided in Sec. 1.1.10. and Sec. 10.4.2. Each day’s continuing violation shall be a separate and distinct violation or offense. Sec. 10.4.2. Civil Penalty A. General 1. Any act constituting a violation of Chapter 1. Introductory Provisions through Chapter 7. General Development Standards and Chapter 11. Building and Housing Code shall subject the offender to a civil penalty to be recovered by the City in a civil action in the nature of a debt or as otherwise provided herein if the offended fails to pay the penalty within 48 hours from and after receipt of a citation of a violation. 2. All violations shall be subject to a civil penalty in the amount of $100 unless a higher amount is otherwise specified in this UDO; continuous violations shall be subject to a civil penalty in the amount specified in subsection E., below. B. Citation Contents A zoning violation citation shall, among other things: 1. State upon its face the amount of the penalty for the specific violation if the penalty is paid within 48 hours from and after issuance of the citation. 2. Notify the offender that a failure to pay the penalty within the prescribed time shall subject the offender to a civil action in the nature of debt for the stated penalty plus any additional penalties, together with the cost of the action to be taxed by the court. 3. Further provide that the offender may answer the City zoning citation by mailing the citation and the stated penalty to Post Office Box 590, Raleigh, North Carolina 27602 or may pay the amount at the cashier's window on the fourth floor, One Exchange Plaza. 4. That the penalty must be either paid or the failure to pay must be cleared

A. Each of the following are declared to be violations of the Raleigh City Code: 1. Any person owning, leasing, using, managing or occupying any building, sign, structure or land where there is placed, removed, altered, expanded or there now exists any thing contrary to Chapter 1. Introductory Provisions through Chapter 7. General Development Standards and Chapter 11. Building and Housing Code ; any regulation, rule or order adopted pursuant to the applicable chapter; any certificate of appropriateness, conditional use, special use permit or variance issued pursuant to this UDO; or a lawful plan approved under this UDO. 2. Any architect, designer, engineer, agent or any other person who acts in concert, participates, directs or assists in the creation or continuation of a violation of Chapter 1. Introductory Provisions through Chapter 7. General Development Standards and Chapter 11. Building and Housing Code ; any regulation, rule or order adopted pursuant to this UDO; any certificate or appropriateness, conditional use, special use permit or variance issued pursuant to this UDO; or a lawful plan approved under this UDO. 3. Any builder, contractor or any other person who shall erect, expand, relocate, reconstruct, alter or use any land, structure, sign, tree or building contrary to Chapter 1. Introductory Provisions through Chapter 7. General Development Standards and Chapter 11. Building and Housing Code ; any regulation, rule or order adopted pursuant to this UDO; any certificate of appropriateness, conditional use, special use permit or variance issued pursuant to this UDO; or a lawful plan approved under this UDO. 4. Any person, who shall fail, neglect or refuse to do any act as required by Chapter 1. Introductory Provisions through Chapter 7. General Development Standards and Chapter 11. Building and Housing Code ; any regulation, rule or order adopted pursuant to this UDO; any certificate of appropriateness, conditional use, special use permit or variance issued pursuant to this UDO; or a lawful plan approved under this UDO. B. The term “lawful plan” as used here shall mean a site plan, Master Plan, Neighborhood Plan or Streetscape Plan.

Supp. No. 32

10 – 74 Published July 2024

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