Unified Development Ordinance, 6th supplement, September, 2018

Part 10A: Unified Development Ordinance City of Raleigh, North Carolina 8 – 47 Effective Date: March 6, 2018 Supp. No. 5 Article 8.10. Enforcement | CHAPTER 8. ​SUBDIVISION & SITE PLAN STANDARDS Sec. 8.10.2. ​​Remedies and Penalties D. Assessment of 100% Cost of Incomplete Improvements 1. In the event the developer either fails to install any improvement required under this UDO or under a plan approved under this UDO or makes an installation contrary to this UDO or plan approved under this UDO, the City may assess 100% of the costs of the incomplete improvements required to some or all of the owners of the property within the subdivision or development and make the required installations. 2. Assessments must follow the procedures of N.C. Gen. Stat. Chapter 160A, Article 10 or other statutory authorization where the City may do the work and assess the costs to the landowners inside and outside the corporate limits of the City. 3. When deciding which lots to assess, the City Council shall consider, among other things, the extent to which the lots are benefitted by the assessment project, the extent to which the lots may have paid for the improvement and the extent the improvements were installed by the developer. E. Forfeiture of Reimbursements Failure by the developer to comply with all requirements of the regulations in this Chapter shall result in forfeiture of any and all reimbursements of Article 8.6. Reimbursements F. Civil Penalty 1. General a. Any act constituting a violation of this Chapter shall subject the offender to a civil penalty to be recovered by the City in a civil action in the nature of a debt. b. All violations shall be subject to a civil penalty in the amount of $50 per day of continuous violation. In addition, the City Manager may authorize a civil penalty of up to $250 per day if it is determined that this larger penalty will contribute toward correction of the violation. 2. Citation Contents a. No civil penalty shall be assessed until the person alleged to be in violation is served by either registered mail, certified mail-return receipt requested, personal service notice or other means reasonably calculated to give actual notice. b. The notice shall set forth in detail a description of the violation for which the penalty has been invoked. c. The notice shall also set forth the measures needed to come in compliance and shall state the time within such measures must be completed. d. The notice shall state that failure to correct the violation within the specified time will result in the assessment of a civil penalty and other enforcement action. e. If, after the allotted time period has expired, corrective action has not been completed, the penalty shall be assessed from the date of receipt of notice of violation and each day of continuing violation thereafter shall constitute a separate violation against those persons who have the ability to correct this violation and fail to do so. 3. Collection a. The City Manager is authorized to accept payment in full and final settlement of the claim or claims right or rights of action which the City may have to enforce such penalty by civil action in the nature of debt. Acceptance of a penalty shall be deemed a full and final release of any and all claims or right of action arising out of contended violations, only if the activities or non-activities which gave rise to the violations are abated or otherwise made lawful. b. If the payment is not received or equitable settlement reached within 30 days after demand for payment is made, the matter shall be referred to the City Attorney for institution of a civil action in the name of the City in the appropriate division of the General Court of Justice inWake County for recovery of the penalty.