Unified Development Ordinance, 4th supplement, September 2017

Part 10A: Unified Development Ordinance City of Raleigh, North Carolina 11 – 18 Effective Date: September 01, 2013 Supp. No. 2 CHAPTER 11. ​BUILDING AND HOUSING CODE | Article 11.5. Unsafe Buildings Sec. 11.5.1. Short Title Article 11.5. Unsafe Buildings Sec. 11.5.1. Short Title This Article is adopted and shall be known as the "Unsafe Building Code of the City of Raleigh." Sec. 11.5.2. Defined All buildings or structures which have any or all of the following defects shall be deemed "unsafe buildings" within the definition of and in addition to G.S. 160A-426: A. Those buildings which have parts thereof which are so attached that they may fall and injure members of the public or damage public or private property. B. Those buildings which because of their condition are unsanitary or unsafe to the public. C. Those buildings which are especially liable to fire including, but not limited to, those which are unoccupied and are not adequately secured against entry by unauthorized persons. Sec. 11.5.3. Remedy; No Action or Appeal A. If an appeal is not taken pursuant to G.S. 160A-430 and the owner fails to comply with the orders issued pursuant to G.S. 160A-429, the Inspections Director or his designee shall report such facts and conditions of the building or structure to the Council for action at a meeting at which time the owner and other interested parties may be heard. The Council may direct by ordinance the Department of Inspections to repair or demolish the building or structure, the cost of which shall become a lien against the premises upon confirmation of the cost thereof by the City Council. The confirmation shall take place only after 10 days' written notice to the owner of the premises where the nuisance existed. B. The provisions herein shall be in addition to any remedy provided for in G.S. 160A-411 et seq. Sec. 11.5.4. Nuisances Declared All unsafe buildings within the terms of Sec. 11.5.2. are hereby declared to be public nuisances, and shall be repaired, vacated or demolished as provided in this UDO and as set forth in G.S. 160A-193. Sec. 11.5.5. Emergency Cases In cases where it appears that there is an imminent danger to life or safety of any person unless an unsafe building as defined in Sec. 11.5.2. is immediately repaired, vacated, closed or demolished, the Inspections Director shall order its immediate repair, evacuation, closing or demolition as he may deem necessary, notwithstanding the other provisions of this Article. The Inspections Director may take the temporary measures necessary to safeguard persons from immediate danger of collapse of such building and is authorized to close temporarily sidewalks, streets, buildings and structures in places adjacent to such unsafe building and prohibit the same from being used, pending the removal of the danger. The cost of the emergency measures taken shall become a lien against the premises upon which the emergency condition existed upon confirmation of the cost thereof by the Council. The confirmation shall take place only after 10 days' written notice to the owner of the premises where the nuisance existed. Sec. 11.5.6. Administrative Liability No officer, agent or employee of the City shall render himself personally liable for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of his duties under this Article. Sec. 11.5.7. Violations; Unlawful to Disregard Notices or Orders It shall be unlawful for an occupant to fail to vacate an unsafe building or structure after being given an order pursuant to G.S. 160A-429. Sec. 11.5.8. Enforcement A. If any person shall violate any provision of this chapter, he shall be guilty of a misdemeanor and shall be punished as allowed by law. B. Any owner of a building or structure who fails to comply with an order to repair, vacate and close or demolish any building or structure declared unsafe as determined pursuant to the provisions contained in sections in this Article, or by state law, or who permits the reoccupancy of an unsafe building once vacated 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 building or structure or following a determination that an unsafe building has been reoccupied in violation of this UDO. In each instance, a penalty of $100.00 per day shall be imposed for each subsequent day that the unsafe building remains

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