Unified Development Ordinance, 4th supplement, September 2017

Part 10A: Unified Development Ordinance City of Raleigh, North Carolina 11 – 33 Effective Date: September 01, 2013 Supp. No. 2 Article 11.6. ​​Housing Code | CHAPTER 11. ​BUILDING AND HOUSING CODE Sec. 11.6.9. Methods of Service and removed pursuant to said order. The cost of such repairs, alterations, improvements, or demolition and removal shall be a lien on the property as prescribed in Sec. 11.6.14. E. Whenever a determination is made pursuant to this Article that a dwelling must be vacated and closed, or removed, or demolished, notice of the order shall be given by first class mail to any organization involved in providing or restoring dwellings for affordable housing that has filed a written request with the Department of Inspections for such notices. No removal or demolition by action of the public officer shall occur until a minimum of 45 days has elapsed from the mailing of such notice. Sec. 11.6.9. Methods of Service A. Complaints or orders issued by an inspector shall be served upon persons either personally or by registered or certified mail. When service is made by registered or certified mail, a copy of the complaint or order may also be sent by regular mail. Service shall be deemed sufficient if the registered or certified mail is unclaimed or refused, but the regular mail is not returned by the post office within 10 days after the mailing. If regular mail is used, a notice of the pending proceedings shall be posted in a conspicuous place on the premises affected. B. If the identities of any owners or whereabouts of persons are unknown and the same cannot be ascertained by the inspector in the exercise of reasonable diligence, or if the owners are known but have refused to accept service by registered or certified mail, the inspector shall make an affidavit to that effect, stating the steps taken to determine and locate the persons in interest, then the serving of such complaint or order upon such owners or persons may be made by publication in a newspaper having general circulation in the City at least once no later than the time at which personal service would be required under Sec. 11.6.7. Where such service is by publication, a notice of the pending proceedings shall be posted in a conspicuous place on the premises thereby affected. Sec. 11.6.10. Lis Pendens A. After an inspector issues a complaint containing a notice of hearing or issues an order pursuant thereto, any inspector shall file a notice of lis pendens with the Clerk of Superior Court of the county where the property is located. A copy of the complaint containing a notice of hearing or a copy of the order shall be attached to the lis pendens . When the lis pendens is filed with the Clerk, it shall also be served on the owners and parties in interest in the building or dwelling, including any lienholders and tenants who may be determined by the exercise of reasonable diligence. B. Any inspector may cancel the lis pendens upon a determination by that inspector that the property fully complies with the Minimum Housing Code, and Article 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. Housing Appeals Board; Creation, Composition, Powers and Procedures A. There is hereby created and designated an agency which shall be known as the "Housing Appeals Board of the City of Raleigh," "City of Raleigh Housing Appeals Board," or "Housing Appeals Board." B. The Housing Appeals Board shall consist of 5 members who shall be residents of the City of Raleigh. They shall be appointed by the Mayor and City Council as provided in §1-4002 of the Raleigh City Code. In addition, there shall be 2 alternate members appointed to the board by the Mayor and City Council. C. Provided, if the Council should decide to exercise extraterritorial jurisdiction for the purpose of enforcing minimum housing standards, the Housing Appeals Board shall continue to consist of 5 members. Four of the members shall reside within the corporate limits of the City, and shall be appointed by the Mayor and Council as provided in §1-4002 of the Raleigh City Code. D. If the Council should decide to exercise such additional jurisdiction, 1 of the members and an alternate member shall reside outside the corporate limits of the City but within the limits of its extraterritorial jurisdiction. They shall be appointed by the Chairman and members of the board of commissioners of Wake County subject to the provisions of §1-4002 of the Raleigh City Code. E. The Housing Appeals Board may exercise any and all powers prescribed by G.S. 160A-446, state law and by special acts not in conflict therewith and shall perform duties directed by the Council which are consistent with said laws. F. The Housing Appeals Board may adopt its own rules of procedure. Such rules shall be consistent with the laws of North Carolina and the ordinances and policies of the City of Raleigh. G. The Housing Appeals Board is made available to any party that wishes to appeal having been charged with Minimum Housing violations. The Housing Appeals Board is given the responsibility of resolving whether those Minimum Housing

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