Unified Development Ordinance, 4th supplement, September 2017
Part 10A: Unified Development Ordinance City of Raleigh, North Carolina 11 – 37 Effective Date: September 01, 2013 Supp. No. 2 Article 11.8. Demolition by Neglect of Historic Landmarks and Structures Within Historic Overlay Districts | CHAPTER 11. BUILDING AND HOUSING CODE Sec. 11.8.1. Applicability Article 11.8. Demolition by Neglect of Historic Landmarks and Structures Within Historic Overlay Districts Sec. 11.8.1. Applicability A. The purpose of this section is to prevent the gradual deterioration of historic resources due to a failure to provide normal and customary maintenance such that the unique attributes and character of the resource or historic district might be lost due to decay, deterioration or structural defects. B. The exterior features of any building or structure (including walls, fences, light fixtures, steps, pavement, paths, or any other appurtenant feature), or any type of outdoor advertising sign either designated as a Historic Landmark or found to be a contributing resource to the Historic Overlay District shall be preserved by the property owner against decay and deterioration and kept free from structural defects. For purposes of this section, the term “property owner” shall include such other person who may have interest, legal possession, custody, and/or control of the property C. Only Historic Landmarks and contributing resources to Historic Overlay Districts shall be governed by this section. D. Only the Raleigh Historic Development Commission may file a petition alleging Demolition by Neglect to a contributing Historic Resource. E. Petitions alleging Demolition by Neglect shall be filed and considered in accordance with the provisions of this Article. F. Nothing contained within this Article shall diminish the City's power to declare an unsafe building or a violation of the minimum housing code. Sec. 11.8.2. Petition and Action A. Filing of Petition 1. Petitions charging that a structure is undergoing demolition by neglect shall be filed with the Planning and Development Officer. 2. The Historic Development Commission may file a petition on its own initiative. 3. Any official, commission, or department of the City of Raleigh, any state agency, or any local or state historical, preservation, neighborhood, or business association may request in writing to the Historic Development Commission that it make a preliminary investigation of a structure to determine whether a basis exists for a determination of demolition by neglect. 4. The Historic Development Commission shall complete an investigation and notify the requestor in writing within 60 days the results of its preliminary investigation. The commission is under no obligation to file a petition on any structure. Should the commission determine that a petition is warranted, the commission shall prepare and file such petition within 90 days of its notification to the requestor. 5. Petitions shall be filed in a format determined by the Historic Development Commission to clearly describe and illustrate the specific defects citing in each instance the specific standard or standards (as outlined in Sec. 11.8.5. ) being violated. 6. A petition alleging demolition by neglect may not be filed for the same property more frequently than once every 2 years. B. Methods of Service 1. Complaints, notices, or orders issued by the Director shall be served upon property owners either personally or by registered or certified mail. 2. If the whereabouts of such persons are unknown and the same cannot be ascertained by the Director in the exercise of reasonable diligence, and the Director shall make an affidavit to that effect stating the steps taken to determine and locate the property owners, then the serving of such complaint, notice, or order may be made by publishing the same once each week for 2 successive weeks in a newspaper generally circulated within the City. Where such service is by publication, a notice of the pending proceedings shall be posted in a conspicuous place on the premises thereby affected. C. Hearing on Petition 1. Whenever a petition is filed with the Planning and Development Officer charging that a structure is undergoing demolition by neglect, the Director shall make a preliminary investigation of the charges within 21 days of the filing of the petition.