Unified Development Ordinance, 4th supplement, September 2017

Part 10A: Unified Development Ordinance City of Raleigh, North Carolina 11 – 16 Effective Date: September 01, 2013 Supp. No. 2 CHAPTER 11. ​BUILDING AND HOUSING CODE | Article 11.4. Enforcement Provisions Sec. 11.4.9. Violations B. Extra Inspection The fees in the City's adopted fee schedule entitle the permittee to the appropriate number of inspections for the work performed. For each inspection in excess of these, there shall be an additional charge. C. Specific Fees Enumerated The specific fees due for any permit are listed in the City's adopted fee schedule. D. Voiding of Permit 1. Upon a request by a property owner, any type permit may be voided; however, refunds will be made only when the permit is valid. An administrative fee in the amount equal to a minimum fee shall be deducted from the refund payment. In the event the cost of the permit to be voided was a minimum fee or less, no refund shall be made. 2. Revisions to a construction project which require permits to be voided and reissued will be charged an administrative fee per permit when the cost of the permit is other than a minimum fee. The administrative fee charged for minimum fee permits will equal the minimum fee. Single application projects that have been reviewed and are pending pick up but are abandoned prior to permit issuance will be charged an administrative fee equal to the minimum fee for each permit approved. Projects with multiple applications will be charged an administrative fee per application. This fee will equal the cost of a minimum fee per permit. E. Computations All permit fees derived in this schedule will be rounded to the nearest dollar. F. Re-Review Fee When, in the processing of a permit, it becomes necessary to review the plans for a project on more than 2 occasions for items previously identified or when the plan documents are poorly conceived and prepared, a re-review fee shall be issued for each review beyond 2. Sec. 11.4.9. Violations It shall be unlawful for any person to violate any provision, standard, occupancy content, or other requirement of this chapter or the regulatory and technical codes herein adopted or to refuse or fail to comply with any order of the Department of Inspections or of any inspector made in accordance with this chapter or the regulatory codes herein adopted. Each day shall be a subsequent violation. Sec. 11.4.10. Civil Penalty A. Generally Unless otherwise stated in this UDO, any act constituting a violation of the building code as adopted herein shall subject the offender to a civil penalty in the amount of $50.00 to be recovered by the City in a civil action in the nature of a debt or as otherwise provided herein if the offender fails to pay the penalty within 48 hours from and after receipt of a citation of a violation. B. Additional Penalty Unless otherwise stated in this UDO, a penalty of $25.00, in addition to the 1 imposed for payment within 48 hours, shall apply in those cases in which the penalties prescribed in this section have not been paid within the prescribed 48- hour period and in which a civil action shall have been instituted. C. Settlement of Civil Claim The Inspections Director is authorized to accept full payment of all monies owed 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 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. D. Continuing Violations Each day's continuing violation shall be a separate offense. No civil penalty for continuing violations shall be levied against the same person for the same continuing violation at the same location more than once unless and until the Department of Inspections shall deliver a written notice by personal service, registered mail or certified mail — return receipt requested or as otherwise permitted by law— to the property owner or other person responsible for such violation indicating the nature of the violation and ordering corrective action. The notice shall also set forth the time period when corrective measures must be completed. The notice shall state that failure to correct the violation within the specified time period will result in the assessment of additional civil penalties and other enforcement action. If after the allotted time period has expired and after the hearing of any appeal, if any, the corrective action has not been