Unified Development Ordinance, 5th supplement, March 2018
Part 10A: Unified Development Ordinance City of Raleigh, North Carolina 11 – 19 Effective Date: September 01, 2013 Supp. No. 2 Article 11.5. Unsafe Buildings | CHAPTER 11. BUILDING AND HOUSING CODE Sec. 11.5.9. Lis Pendens in violation of an order issued pursuant to Sec. 11.5.4. and Sec. 11.5.5. If a person fails to pay the civil penalty within 30 days after being notified of the amount due, the City may recover the penalty together with all costs by filing a civil action in the general court of justice in the nature of a suit to collect a debt. Sec. 11.5.9. Lis Pendens A. At any time after an inspector issues a complaint containing a notice of hearing or issues an order pursuant thereto, any inspector may file a notice of lis pendens with the clerk of Superior Court of the county where the property is located. A copy of the complaint containing a notice of hearing or a copy of the order shall be attached to the lis pendens . When the lis pendens is filed with the Clerk, it shall also be served on the owners and parties in interest in the building or dwelling, including any lienholders and tenants who may be determined by the exercise of reasonable diligence. B. Any inspector may cancel the lis pendens upon a determination by that inspector that the property is no longer unsafe and that the owner has fully complied with the inspector's order. Cancellation must be made in a writing signed by the inspector and provided to the Clerk of Court. Sec. 11.5.10. Administrative Fee In addition to any other charge, any owner of a building located within the City and its extraterritorial jurisdiction shall be subject to an administrative fee of $325.00 upon an inspection hearing disclosing the building to be unsafe due to any defects defined within Sec. 11.5.2. or G.S. 160A-426. In addition to any other charge, any owner of a building located within the City and its extraterritorial jurisdiction shall be subject to an administrative fee of $650.00 upon any additional inspection hearing disclosing the building to be unsafe due to any defects defined within Sec. 11.5.2. or G.S. 160A-426 within the same 12-month period. The property owner may also be assessed any costs incurred in obtaining service including legal publication of notice of complaint charges, hearing notice and findings of fact and orders related to the building.