Housing and Environmental - Compliance

Process Description:
The Housing/Environmental Division of the City of Raleigh Inspections Department enforces the City Code as it relates to Public Nuisances (Part 12 Chapter 6 Sections 6001-6006), Minimum Housing (Part 10 Chapter 6 Sections 6121-6138), Abandoned/Public Nuisance Vehicles (Part 12 Chapter 7) and Zoning Vehicle regulations (Part 10 Chapter 2 Article C Section 10-2015(c).

The Public Nuisance Code is enforced for ALL residential and commercial property in the City of Raleigh, including Rights-of-Way, in order to promote a healthy and sanitary environment for our citizens.

The Minimum Housing Code is applied to residential property only in the City of Raleigh to assure its citizens a safe place to live. Existing vacant buildings on property pending development must be kept secure against unauthorized entry and present no unsafe conditions. Vacant buildings subject to Code enforcement orders are required to have all openings securely boarded against unauthorized entry and may be subject to City Code Ordinances (Chapter 10 Sections 6121-6138) requiring they be repaired or demolished. If the buildings are occupied, they are required to meet the City of Raleigh Housing Code requirements for continued habitation.

The Abandoned/Public Nuisance Vehicle Codes as well as Zoning Vehicle Codes are enforced throughout the city limits of Raleigh in an effort to provide a healthy environment in which the citizens of Raleigh can live, work and play (much like the Public Nuisance Code). Properties pending development must be properly maintained so as not to contain public nuisances, abandoned/public nuisance vehicles or vehicles in violation of the Zoning Code.

This division also manages Neighborhood Preservation which administers the Probationary Rental Occupancy Permit (PROP) (Chapter 12 Chapter 2 Article G) and Rental Dwelling Registration programs (Chapter 12 Article H. Section 12-2177). These City Codes are enforced in an effort to maintain developed and undeveloped property (land in approval process for future development).

The Probationary Rental Occupancy Permit ordinance applies to all residential rental property only throughout the City of Raleigh and is intended to decrease the number of repeat code offenses on properties not occupied by their owners. Anyone considering the purchase of residential rental dwellings are highly advised to research the property in advance of the sale by contacting the Housing/Environmental Division or using the online research tool Public Access for any Probationary Rental Occupancy Permit requirements pertaining to the dwellings. Permit requirements for residential dwellings in the PROP Program are the responsibility of the property owner and will transfer to the new owner when the property is sold. Code violations levied on rental properties, as defined by the PROP Ordinance City Code Chapter 12 Section 2163(l), may carry forward to a new owner for a period of 24 months.

The Rental Dwelling Registration program is enforced because it is unlawful for an owner to rent, to receive rental income from, or offer for rent, any rental residential dwelling without first registering the dwelling (Article H. Section 12-2177(a). The annual renewal fee shall be due and payable between March 1^st and April 30^th each year.

See the City of Raleigh Development Services Glossary for any unfamiliar terms.

What are the City Codes that may be applicable to a property?

Developers should comply with the following City Codes prior to and during site plan development or demolition:

• Housing Code - Chapter 10 Section 6121-6138
• Health, Sanitation and Public Nuisance Code - Chapter 12 Section 6001-6006
• Removal and Disposition of Abandoned and Public Nuisance Vehicles, Vehicle Zoning Codes - Chapter 10 Section 2015(c)-2050(c)
• Zoning Vehicle regulations (Part 10 Chapter 2 Article C Section 10-2015(c)
• Unsafe Buildings - Chapter 10 Section 6051-6060
• Probationary Rental Occupancy Permit Ordinance (PROP) - Chapter 12 Section 2162-2171
• Rental Dwelling Registration - Chapter 12 Article H. Section 12-2177(a)

How do I determine if a property is subject to a Code enforcement action?

• Developers are advised to research the property for active Code Enforcement cases prior to development and/or demolition
• Contact the City of Raleigh Housing and Environmental Division at (919) 807-5110 for assistance with researching the property for active Code Enforcement cases. Staff will provide instructions to resolve any pending issues and close any pending cases identified
• Properties may also be researched online by using the Public Access tool. By entering the property address, any pertinent enforcement data and status as it relates to the property will be provided

What are the keys to success?

• Familiarize yourself with the City of Raleigh Housing and Public Nuisance City Codes
• Thoroughly research your property prior to the development process
• Continue to comply with Housing and Public Nuisance Codes during the development process
• Quickly resolve any active housing or public nuisance cases

What fees are involved and when do I pay them?

• An Administrative Fee of $325.00 may be assessed when Housing Code violations are not corrected by the hearing date. At this time orders are issued to repair, vacate and close or demolish the structure by a specific deadline. Failure to comply with the deadline for compliance may result in a civil penalty of $500.00 for the first day following the deadline for compliance and $100.00 per day for every additional day the structure remains in violation. These fees are due 30 days from assessment
• An Administrative Fee of $100.00 shall be assessed upon notice of a second Public Nuisance Code violation within a twelve month period on a property in addition to a $250.00 civil penalty for the second violation on the property within 12 months and a $500.00 civil penalty for a third and all subsequent violations within a 12 month period. These fees are due 30 days from assessment
• An Administrative Fee of $100.00 shall be assessed for any case involving more than one unlicensed, uninspected vehicle on a property after the deadline for removal in accordance with City Code Part 10 Chapter 2 Section 10-2153. The continued failure to comply with the Zoning Code shall result in a $100.00 civil penalty and continuing violation penalty of $500.00 per day until removed
• An Administrative Fee of $100.00 shall be assessed for a Public Nuisance Vehicle Code violation on a property. These fees are due 30 days from assessment
• The annual Probationary Rental Occupancy Permit fee is $500.00 per building or dwelling unit. A purchaser of a potential property for development should assure that the public records are researched at the Wake County Register of Deeds office to confirm that no Lis Pendens filed relating to Code enforcement deficiencies on the property
• All of the above fees are processed by the Development Services Customer Service Center cashiers located at One Exchange Plaza, Suite 400, Raleigh, NC. Fees may also be mailed to the City of Raleigh, Housing/Environmental Inspections Division, PO Box 590, Raleigh, NC 27602 or delivered to the One Exchange Plaza, Suite 504, Raleigh, NC between the hours of 8:00 a.m. and 4:00 p.m., Monday through Friday
• Public Records research should also reveal any unpaid City assessments due to nuisance abatement of Code violations on the property. The City of Raleigh Revenue Division maintains records of any outstanding assessments and collects the associated fees. Contact the City of Raleigh Revenue Division at (919) 996-3200 for assistance with this research and determination of fees. These fees are due within ten (10) days of receipt of notice
• Payment types accepted are cash, MasterCard, Visa or check made payable to: City of Raleigh

How long will this process take?
If an active Code enforcement case exists, the following timelines may apply:

• Public Nuisance, Public Nuisance and Abandoned Vehicles: (10) calendar days to comply
• Unfit housing cases unfit: (70) calendar days to comply*
• Unsafe housing cases: (90) calendar days to comply*
• Zoning Vehicle Violations: 30 calendar days to comply
• Probationary Rental Occupancy Permit: Once identified as PROP, the property will maintain the status for a period of two (2) years from the date notice is sent. PROP status will transfer to new property owner for a period of 24 months in the event property is sold

*Note: These repair time deadlines may vary from 20 days - 90+ days depending upon the amount of repairs needed.

Rental Registrations must be updated annually.