Unified Development Ordinance, 4th supplement, September 2017

Part 10A: Unified Development Ordinance City of Raleigh, North Carolina 11 – 32 Effective Date: September 01, 2013 Supp. No. 2 CHAPTER 11. ​BUILDING AND HOUSING CODE | Article 11.6. ​Housing Code Sec. 11.6.7. ​​Abatement; Hearing on Charges; Filing; Petition and Charges; Investigation; Time and Conduct of Hearing provided a list of violations that must be corrected before a certificate of housing code compliance may be issued or the dwelling unit occupied. 5. The certificate of housing code compliance shall state: a. The date of issue. b. The address of the dwelling or dwelling unit. c. The name of the person to whom it is issued. d. The certification that the dwelling or dwelling unit complies with all applicable provisions of this Chapter 11. Sec. 11.6.7. Abatement; Hearing on Charges; Filing; Petition and Charges; Investigation; Time and Conduct of Hearing Whenever a petition is filed with the inspector charging that any dwelling is unfit for human habitation or whenever it appears to the inspector (on his own motion) that any dwelling is unfit for human habitation, the inspector shall, if his preliminary investigation discloses a basis for such charges, issue and cause to be served upon the owner of and parties having an interest in such dwelling including lien holders and tenants, if any, as the same may be determined by reasonable diligence, a complaint setting forth the charges, The complaint shall contain a notice that a hearing will be held before the inspector (or his designated agent) at a place within the County in which the property is located therein fixed not less than 10 days nor more than 30 days after the serving of such complaint; that the owner and parties in interest shall be given a right to file an answer and to give testimony at the place and time fixed in the complaint; and that the rules of evidence prevailing in courts of law or equity shall not be controlling in hearings before the inspector. Sec. 11.6.8. Service of Order, Contents If after notice and hearing, the inspector determines that the dwelling is unfit for human habitation pursuant to the minimum housing code standards of Sec. 11.6.3. , he shall state, in writing, his findings of fact in support of such determination and shall issue and cause to be served upon the owner other parties having an interest in the dwelling, an order stating the following: A. If the repair, alteration or improvement of the dwelling can be made at a reasonable cost in relation to the value of the dwelling, not to exceed 50 percent of the value, requiring the owner within the time specified, to repair, alter or improve such dwelling to render it fit for human habitation or vacate and close the dwelling as a human habitation; or B. If the repair, alteration or improvement of the dwelling cannot be made at a reasonable cost in relation to the value of the dwelling, not to exceed 50 percent 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 ofWake 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 Inspections Director shall cause such dwelling to be repaired or demolished

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