Unified Development Ordinance, 5th supplement, March 2018
Part 10A: Unified Development Ordinance City of Raleigh, North Carolina 8 – 46 Effective Date: March 6, 2018 Supp. No. 5 CHAPTER 8. SUBDIVISION & SITE PLAN STANDARDS | Article 8.10. Enforcement Sec. 8.10.1. Violations and Violators Article 8.10. Enforcement Sec. 8.10.1. Violations and Violators Each of the following are declared to be violations of the Raleigh City Code. A. It shall be unlawful for any person to design, construct or open, any street, drainage structure or utility line unless and until such street, drainage structure or utility line shall be platted, laid out, graded and improved in accordance with the provisions of this UDO, plans approved under this UDO and conditions of approval. B. Any owner, tenant, architect, attorney, contractor, designer, engineer, lender, real estate broker, surveyor, agent or any other person who acts in concert, participates, directs or assists in the creation or continuation of a violation of this Chapter, any regulation, rule, order or condition of approval adopted pursuant to this Chapter, or contrary to any plan approved under this UDO are each declared to be violators of the Raleigh City Code. C. It shall be unlawful for any person to record a plat without the approval of the City, to make any change to an approved plat or to record a document beyond its expiration date for recording without the specific written consent of the Planning and Development Officer. The Clerk of the Superior Court ofWake County shall not order or direct the recording of a plat where such recording would be in conflict with this Chapter. D. It shall be unlawful for any person to subdivide real property by deed, will, security instrument, partition or by map, contrary to this Chapter, any rule, regulation, order, condition of approval adopted pursuant to this Chapter, or any plan approved under this UDO. E. It shall be unlawful for any person to fail, neglect or refuse to make any dedication as required by this UDO, any rule, regulation, order or condition of approval adopted pursuant to this UDO or any plan approved under this UDO. F. It shall be unlawful for any person to own, manage, lease or occupy real property, the subdividing of which is an unlawful subdivision by virtue of this UDO, when such person knows or has reasonable grounds to believe that the property was subdivided contrary to this UDO, any regulation, rule, order or condition of adopted approval or contrary to any plan approved under this UDO. The enumeration of these declared violations shall not be deemed exclusive or all-inclusive. All persons who shall commit violations shall be held responsible and shall be subject to the penalties and remedies provided in Sec. 1.1.10. and Sec. 8.10.2. Each day's continuing violation shall be a separate and distinct violation or offense. Sec. 8.10.2. Remedies and Penalties Enforcement may be by any one or more of the following provisions and the institution of any action under any of these provisions shall not relieve any person from any other civil or criminal proceeding prescribed for violations and prohibitions. A. Unauthorized Streets Closed The PublicWorks Director is authorized and directed to take necessary action to cause to be closed any street opened and constructed in violation of this Chapter. B. Water and Sewer Service Not Provided to Violating Property No water or sewer service shall be furnished by the City to any lot, owner or occupant of any land abutting upon any street or connected to a City public utility which is opened, not opened, laid out or constructed contrary to any plan approved under this UDO or in violation of this Chapter. C. Construction Permits Withheld 1. Planning and Development shall not issue any construction permit for any proposed structure upon any land abutting upon any street which is opened, not opened, laid out or constructed contrary to any plan approved under this UDO or in violation of this Chapter and written policies which are approved by the City Council and filed with the City Clerk. 2. The filing or recording of a deed, a will, a security interest, a plat of a subdivision, other division or land or recombination contrary to this Chapter shall not be recognized by the City. All administrative actions relating to such land, including the issuance of any grading, construction, building or occupancy permit will be suspended. To properly enforce the provisions of this Chapter, prior to the beginning of any construction, grading, reconstruction, use or alteration of any land, building or structure, Planning and Development shall first determine that the requirements of this Chapter are met.