Unified Development Ordinance, 5th supplement, March 2018
Part 10A: Unified Development Ordinance City of Raleigh, North Carolina 1 – 4 Effective Date: March 6, 2018 Supp. No. 5 CHAPTER 1. INTRODUCTORY PROVISIONS | Article 1.1. Legal Provisions Sec. 1.1.10. Penalties and Remedies 15. Provisions for common ownership of water and sewer lines; and 16. Provisions regarding maintenance and planting in landscape easements. C. Recording City Code Covenant 1. The City Code Covenant shall be recorded with the County Register of Deeds office where the property is located. By the end of the next business day following the recordation of the final subdivision plat, the developer shall provide Planning and Development evidence of the recorded City Code Covenant. 2. In all other instances, evidence of the recorded City Code Covenant shall be presented to Planning and Development no later than 1 day following the recording of the City Code Covenant. 3. No building permit will be issued for any portion of the development unless and until evidence of recordation of the City Code Covenant is first presented to Planning and Development. Sec. 1.1.10. Penalties and Remedies Enforcement may be by any one or more of the following methods and the institution of any action under any of these methods shall not relieve any party from any other civil or criminal proceeding prescribed for violations and prohibitions. A. Equitable Remedy The City may apply for any appropriate equitable remedy to enforce the provisions of this UDO. B. Injunction Enforcement may also be achieved by injunction. When a violation occurs, the City may either before or after the institution of any other authorized action or proceeding, apply to the appropriate division of the General Court of Justice for a mandatory or prohibitory injunction commanding the defendant, or in the case of counterclaims the plaintiff, to correct the unlawful condition or cease the unlawful use of the property. C. Order of Abatement The City may apply for and the court may enter an order of abatement. An order of abatement may direct that buildings or other structures on the property be closed, demolished or removed; that fixtures, furniture or other movable property be removed; that improvements or repairs be made; or that any other action be taken that is necessary to bring the property into compliance with this chapter. Whenever the party is cited for contempt by the court and the City executed the order of abatement, the City shall have a lien, in the nature of a mechanic's and materialman's, on the property for the cost of executing the order of abatement. D. Criminal Violations of this UDO shall constitute a misdemeanor or infraction as provided by N.C. Gen. Stat. §14-4 and the maximum fine, term or imprisonment or infraction penalty allowed by law is hereby authorized. Sec. 1.1.11. Existing Buildings and Structures No existing building or structure constructed prior to September 1, 2013 shall be considered a nonconforming structure based on any of the following provisions: A. Build-to regulations in Sec. 1.5.6. ; B. Pedestrian access regulations in Sec. 1.5.8. ; C. Transparency regulations in Sec. 1.5.9. ; D. Blank wall regulations in Sec. 1.5.10. ; and E. Residential garage parking options in Sec. 1.5.12. Sec. 1.1.12. Adopted Manuals The following external manuals contain technical requirements and are maintained by the City and referenced in this UDO: A. Addressing Manual; B. Guidelines for Land Disturbing Activity; C. Design Guidelines for Raleigh Historic Districts and Landmarks dated May 2, 2017; D. Private Use of Public Spaces; E. Public Utilities Handbook; F. SolidWaste Services Design Manual; G. Stormwater Manual; H. Street Design Manual dated January 1, 2018; and I. Tree Manual.