Unified Development Ordinance

Article 11.2. Development Services Department

Article 11.2. Development Services Department aaron.sheppard… Mon, 05/08/2023 - 10:41

Sec. 11.2.1. Functions and Duties

Sec. 11.2.1. Functions and Duties aaron.sheppard… Wed, 05/24/2023 - 09:56
  1. It shall be the duty of the Development Services Department to enforce all the provisions of this Chapter; any regulatory and technical codes adopted in this Chapter; Part 12, Chapter 7. Removal and Disposal of Junked and Abandoned Motor Vehicles; Part 12, Chapter 2. Probationary Rental Occupancy Permit and Rental Dwelling Registration and PROP Notification; and Part 12, Chapter 6. Health, Sanitation and Public Nuisances; and to make all inspections necessary to determine the compliance with the provisions and to exercise all duties and powers imposed or given by applicable General Statutes or any other applicable act of the General Assembly of the State of North Carolina.
  2. All inspectors shall give such bond for the faithful performance of their duties as may be required by the Council.
  3. The administration and enforcement of this Chapter shall be the duty of the Development Services Department unless otherwise stated, which department is hereby authorized and directed to take such lawful action as may be necessary to enforce the provisions of this UDO.
  4. The Development Services Department, through the appointment of inspectors, shall have the full power, authority and duties prescribed by the general laws and ordinances applicable to the City to make inspections and to perform all other functions which are authorized or directed by law.
  5. Members of the Development Services Department shall have the right to enter public or private property at such reasonable times as may be necessary for the performance of their duties. Should the owner or occupant of any property refuse to permit such reasonable access, the Development Services Department shall proceed to obtain an administrative search warrant pursuant to G.S. 15- 27.2. No person shall obstruct, hamper or interfere with any such representative while in the process of carrying out his lawful duties.
  6. The City shall also have the power to require written statements, or the filing of reports under oath, with respect to pertinent questions relating to land disturbing activity.

Sec. 11.2.2. Inspection Procedure

Sec. 11.2.2. Inspection Procedure aaron.sheppard… Wed, 05/24/2023 - 09:56
  1. Inspections
    The Development Services Department shall inspect all buildings and structures and work therein for which a permit of any kind has been issued as often as necessary in order to determine whether the work complies with the Code of the City of Raleigh and the laws of the State of North Carolina.
    1. When deemed necessary by the Development Services Department, it may require the permit holder to have materials and assemblies inspected at the point of manufacture or fabrication, or inspections or tests to be made by approved and recognized inspection organizations; provided, no approval shall be based upon reports of such organizations unless the same are in writing and certified by a responsible officer of such organization.
    2. When deemed necessary by the Development Services Department, it may require the permit holder to submit to the Development Services Department surveys by a registered land surveyor; the survey shall show the location of the structure including projections with reference to: property lines, special flood hazard and flood-storage areas on the property, rightsof- way, easements on the property, such as greenway, drainage, utility, slope easements along rights-of-way, and when applicable by other Code requirements: minimum distances between buildings, minimum distances between buildings and parking spaces and drives, minimum distances between any outdoor living areas and parking or drives, and minimum distances of parking and drives from any public right-of-way line. No further inspections nor permits will be undertaken or issued by the City for that structure until the requested survey is submitted to and approved by the City.
    3. All holders of permits, or their agents, shall notify the Development Services Department at each stage of construction and shall give inspectors free access to the premises for the purpose of making inspections. Approval shall be obtained from the Development Services Department before subsequent work can be continued. The inspections required shall conform to the provisions of the North Carolina Administration and Enforcement Requirements Code and technical codes.
  2. Calls for Inspection
    1. When work is ready for inspection, requests for inspections shall be made to the office of the Development Services Department. The Development Services Department shall give priority to those requests where delays would possibly create or prolong hazardous situations or would possibly be detrimental to the work, including but not limited to foundations, pouredin- place concrete structural elements, and electrical inspections necessary before accidentally disconnected electrical installations can be reenergized. It is the intent of this section that inspections be made as soon as practicable after requests are received, with standing priority inspections, an obligation to honor the chronological order of requests received, and the necessity for scheduling an efficient route and sequence of inspections.
    2. Reinspections shall be made as soon as practicable subject to the completion of inspections for which requests had theretofore been received. No work shall be inspected or approved until it is in a proper and completed condition ready for inspection. All work which has been concealed before the inspection and approval shall be uncovered at the request of the City, at no expense to an inspector or the City, and shall be placed in condition for proper inspection. Approval or rejection of the work shall be furnished by the department of inspection in the form of a notice posted at the site or written notice given to the permit holder or to his agent. Failure to call for inspections or proceedings without approval of each stage of construction shall be deemed a violation of this chapter.
    3. The provisions of this subsection relating to requests for inspections shall apply to the administration of all of the technical codes adopted in this chapter.

Sec. 11.2.3. Oversight Not to Legalize Violation

Sec. 11.2.3. Oversight Not to Legalize Violation aaron.sheppard… Wed, 05/24/2023 - 09:57

No oversight or dereliction of duty or issuance of a permit on the part of any inspector or other official or employee of the City shall be deemed to legalize or waive the violation of any provisions of the Code of the City of Raleigh or the laws of the State of North Carolina.

Sec. 11.2.4. Administrative Liability

Sec. 11.2.4. Administrative Liability aaron.sheppard… Wed, 05/24/2023 - 09:58

No officer, agent or employee of the City shall render himself personally liable for any damage that may accrue to persons or property as a result of any act required orpermitted in the discharge of his duties under this chapter.

Sec. 11.2.5. City Liability

Sec. 11.2.5. City Liability aaron.sheppard… Wed, 05/24/2023 - 09:58

This chapter shall not be construed to relieve from or lessen the responsibility or liability of any party owning, operating, controlling or installing any electric wiring, devices, appliances, or equipment for damages to persons or property caused by any defect therein nor shall the City be held as assuming any such liability by reason of the inspection or the examination authorized herein or the certificate therefor issued as provided here, or by reason of the approval of any materials, devices, appliances or equipment authorized here.