Unified Development Ordinance, 4th supplement, September 2017

Part 10A: Unified Development Ordinance City of Raleigh, North Carolina 11 – 47 Effective Date: September 01, 2013 Supp. No. 2 Article 11.9. Nonresidential Building or Structure Code | CHAPTER 11. ​BUILDING AND HOUSING CODE Sec. 11.9.9. Limitations on Orders and Ordinances—Historic Landmark or Historic District Sec. 11.9.9. Limitations on Orders and Ordinances—Historic Landmark or Historic District Notwithstanding any other provision of this Article, if the nonresidential building or structure is designated as a local historic landmark, listed in the National Register of Historic Places, or located in a locally designated historic district or in a historic district listed in the National Register of Historic Places and the City Council determines, after a public hearing, that the nonresidential building or structure is of individual significance or contributes to maintaining the character of the district, and the nonresidential building or structure has not been condemned as unsafe, the order issued by the code enforcement coordinator or officer pursuant to Sec. 11.9.11. and the ordinance approved by City Council may only require that the nonresidential building or structure be vacated and closed until it is brought into compliance with the minimum standards established by this Article. Sec. 11.9.10. Limitations on Orders and Ordinances—Vacant Manufacturing Facility or Vacant Industrial Warehouse Notwithstanding any other provision of this Article, an order issued by the code enforcement coordinator or officer pursuant to Sec. 11.9.11. and the ordinance approved by City Council may not require repairs, alterations, or improvements to be made to a vacant manufacturing facility or a vacant industrial warehouse to preserve the original use. The order and/or ordinance may require such building or structure to be vacated and closed, but repairs may be required only when necessary to maintain structural integrity or to abate a health or safety hazard that cannot be remedied by ordering the building or structure closed for any use. Sec. 11.9.11. Vacated and Closed Nonresidential Buildings or Structures A. If the City Council has adopted an ordinance or the code enforcement coordinator or officer has issued an order requiring the building or structure to be repaired, altered, or improved or vacated and closed and the building or structure has been vacated and closed for a period of 2 years pursuant to the ordinance or order, then if the City Council finds that the owner has abandoned the intent and purpose to repair, alter, or improve the building or structure and that the continuation of the building or structure in its vacated and closed status would be inimical to the health, safety, and welfare of the City in that it would continue to deteriorate, would create a fire or safety hazard, would be a threat to children and vagrants, would attract persons intent on criminal activities, or would cause or contribute to blight and the deterioration of property values in the area, then City Council may, after the expiration of the 2-year period, adopt an ordinance and serve such ordinance on the owner, setting forth the following: 1. The ordinance shall require that the owner either (i) demolish and remove the nonresidential building or structure within 90 days or (ii) repair, alter, or improve the nonresidential building or structure to bring it into compliance with the minimum standards established by this Article within 90 days. 2. The ordinance shall require that if the owner does not either (i) demolish and remove the nonresidential building or structure within 90 days or (ii) repair, alter, or improve the nonresidential building or structure to bring it into compliance with the minimum standards established by this Article within 90 days, then the code enforcement coordinator or officer shall demolish and remove the nonresidential building or structure. B. In the case of a vacant manufacturing facility or a vacant industrial warehouse, the building or structure must have been vacated and closed pursuant to an order or ordinance for a period of 5 years before City Council may take action under this section. C. If the owner fails to comply with the requirements of the ordinance within 90 days, the code enforcement coordinator or officer shall demolish and remove the nonresidential building or structure. Sec. 11.9.12. Methods of Service of Complaints and Orders A. Complaints or orders issued by the code enforcement coordinator or officer under this Article shall be served upon persons by personal service or by registered or certified mail, in conjunction with first class mail. When the manner or service is by first class mail in conjunction with registered or certified mail, and the registered or certified mail is unclaimed or refused, but the first class mail is not returned by the post office within 10 days after mailing, service shall be deemed sufficient. The person mailing the complaint or order by first class mail shall certify that fact and the date thereof, and such certificate shall be conclusive in the absence of fraud. If first class mail is used, a notice of the pending proceedings shall be posted in a conspicuous place on the subject property. B. If the identities of any owner or the whereabouts of parties in interest are unknown and cannot be ascertained by the code enforcement coordinator or officer in the exercise of reasonable diligence, and the code enforcement

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