Unified Development Ordinance

Article 11.4. Enforcement Provisions

Article 11.4. Enforcement Provisions aaron.sheppard… Mon, 05/08/2023 - 10:41

Sec. 11.4.1. Permit Requirements

Sec. 11.4.1. Permit Requirements aaron.sheppard… Wed, 05/24/2023 - 10:00
  1. Building Permit
    The permit required shall conform to the provisions of the North Carolina Administration and Enforcement Requirement Code.
  2. Plumbing Permit
    The permit required shall conform to the provisions of the North Carolina Administration and Enforcement Requirement Code and requirements of the City of Raleigh Public Utilities Handbook.
  3. Mechanical Permit
    The permit required shall conform to the provisions of the North Carolina Administration and Enforcement Requirement Code.
  4. Electrical Permit
    The permit required shall conform to the provisions of the North Carolina Administration and Enforcement Requirement Code.
  5. Fire Protection Permit
    The permit required shall conform to the provisions of the North Carolina Administration and Enforcement Requirement Code.
  6. Flood Permit
    1. No person shall change the existing condition of any land or part thereof, or place, erect, construct, enlarge, reconstruct, move or alter any building or structure or driveway, manufactured home pad, or dike, levee, or fence wall or automobile parking area, or outdoor play equipment, or pole (lighting, etc.) or storage facility (above or below ground), or part thereof within a special flood hazard area (SFHA) without a flood permit. Excavating, filling, drilling, dredging, grading, quarrying, paving, or improving the land is a change in the existing condition of land.
    2. No permit will be issued until the applicant certifies that all necessary permits required by Federal or state law have been received; provided nothing herein shall be deemed to require a permit for agricultural land production of plants and fibers, forestland production and harvesting, and activities undertaken by the State, railroads, and utility companies allowed in N.C. Gen. Stat. §143-215.54.
    3. Three sets of detailed plans and specifications shall accompany each application for a flood permit or building permit when the fill, building or structure is located within a SFHA, or when the estimated reasonable cost of the building or structure is in excess of $20,000.00, or for any other building or structure when plans and specifications are deemed necessary by the Development Services Department in order for it to determine whether the proposed work complies with the City Code and the laws of the State.
    4. Plans shall be drawn to scale with sufficient clarity to indicate the nature and extent of the work proposed; and the plans and specifications together shall contain information sufficient to indicate that the work proposed will conform to the provisions of this chapter, the appropriate regulatory and technical codes, the City Code, and the laws of the State.
  7. Stub Permit
    The permit shall conform to the provisions of the City of Raleigh Public Utilities Handbook.
  8. Zoning Permit
    A zoning permit is required for all site plans.
  9. Permit Expiration
    Any permit issued pursuant to Sec. 11.4.1., unless otherwise provided, shall expire 6 months after the day of issuance if the work authorized by the permit has not commenced. If after commencement, the work is discontinued for a period of 12 months, the permit shall, therefore, immediately expire. A permit shall not expire or be revoked because of the running of time while a vested right under Sec. 10.2.19. is outstanding. The duration of a land-disturbing activity permit shall be exempt from this section.
  10. Stormwater Control Permit
    A stormwater control permit is required for projects with a change in built-upon area or impervious surface.

Sec. 11.4.2. Application for Permit

Sec. 11.4.2. Application for Permit aaron.sheppard… Wed, 05/24/2023 - 10:00

Written application shall be made for all permits required by this Chapter and shall
be made on forms provided by the City of Raleigh. Such application shall be made
by the owner of the building or structure affected or by his authorized agent or
representative. The owner shall authorize any work for which a building permit is
required.

Sec. 11.4.3. Plans and Specifications

Sec. 11.4.3. Plans and Specifications aaron.sheppard… Wed, 05/24/2023 - 10:01

Where plans and specifications are required, a permittee's copy of the same marked
"approved" by the Development Services Department shall be available at the work
site for all inspections requested by the permittee and shall be made available for
any inspection upon request by the Development Services Department.

Sec. 11.4.4. Limitations on Issuance of Permits

Sec. 11.4.4. Limitations on Issuance of Permits aaron.sheppard… Wed, 05/24/2023 - 10:01

No building permit shall be issued for work on any new or existing dwelling unless the plans and specifications thereof contain information sufficient to indicate that the work proposed will conform to the provisions of Article 11.6. Housing Code.

  1. No building permit shall be issued for new construction where City water or sewer mains are not available without written approval by the Wake County Health Department of the required water supply or waste disposal systems.
  2. No permit shall be issued to any person who has failed after notice to remedy defective work, or has failed to pay a civil penalty assessed pursuant to this UDO which is due and for which no appeal is pending, or to otherwise comply with the Code of the City of Raleigh, the regulatory codes adopted therein, or the laws of the State of North Carolina.
  3. No licensed contractor shall secure a permit from the Development Services Department for any other person or persons not qualified in accordance with the provisions of the technical codes to do any work covered by the regulatory codes.
  4. No building or flood permit shall be issued during the pendency of an application for the revision of a SFHA boundary of such property unless the proposed construction or filling is permitted under the existing SFHA regulations and also under the revision proposed for the property.
  5. No permit authorized by this UDO shall be issued until the boundaries of any natural resource buffer yard, any open space area, any riparian surface waterbuffers, and any tree protection adjacent to or encompassing a work site
    are clearly and accurately demarked by a protective fence in the field. The
    location and extent of all authorized land-disturbing activities shall be similarly
    demarcated for so long as any land-disturbing activity continues.
  6. Reserved for future use.
  7. If the Raleigh Historic Development Commission has voted to recommend designation of an area as an Historic Overlay District, or if the Wake County Historic Preservation Commission has voted to recommend designation of a property as an historic landmark (or, to the extent that the Wake County Historic Preservation Commission does not have jurisdiction, if the Raleigh Historic Development Commission has voted to recommend designation of a property as an historic landmark), the demolition or destruction of any building, site, or structure located in the proposed district or on the property of the proposed historic landmark may be delayed by the commission with jurisdiction for a period of up to 180 days or until the City Council takes final action on the designation, whichever occurs first. Should the Council approve the designation prior to the expiration of the 180-day delay period, an application for a certificate of appropriateness for demolition must then be requested.
  8. No building permit will be issued on any parcel of a parent tract when forestry has occurred on the parent tract within the last 5 years and the 32-foot and 65-foot wide perimeter buffers set forth in Article 9.1. Tree Conservation, were not preserved.

Sec. 11.4.5. Reserved for Future Use

Sec. 11.4.5. Reserved for Future Use aaron.sheppard… Wed, 05/24/2023 - 10:02

Sec. 11.4.6. Limitation on Issuance of Permits for Construction in Floodprone Areas

Sec. 11.4.6. Limitation on Issuance of Permits for Construction in Floodprone Areas aaron.sheppard… Wed, 05/24/2023 - 10:02
  1. No building permit shall be issued for any and all new construction or substantial improvement of residential structures located or to be located in a SFHA, delineated as provided in Article 9.3.Special Flood Hazard Area Regulations, unless the lowest floor (including basement) and attendant mechanical, electrical, heating, ventilation, and air conditioning equipment, and any other service facility is elevated at least to the regulatory flood protection elevation. A registered professional engineer or architect shall certify on the building plans that all parts of the structure below the regulatory flood protection elevation are designed to withstand the flood depths, pressure, velocities, impact and uplift forces associated with the one-hundred-year flood at the location of the structure. All new construction and substantial improvements that fully enclose areas below the regulatory flood protection elevation which are usable solely for parking of vehicles, building access or storage in an area other than a basement and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of flood waters. Designs for meeting this requirement must be certified by a registered professional engineer or architect. Prior to the use or occupancy of the structure, a registered land surveyor shall certify to the nearest 1/10 of 1 foot in mean sea level datum the elevation of the lowest floor.
  2. No building permit shall be issued for any and all new construction or substantial improvement of nonresidential structures or residential accessory structures located or to be located in a SFHA, delineated as provided in Article 9.3. Special  Flood Hazard Area Regulations, unless:
    1. The provisions of subsection A. above are met and attendant utility and sanitary facilities are floodproofed. Except in the case of accessory uses to dwellings with a cost of less than $5,000.00, prior to the use or occupancy of a structure, a registered land surveyor shall certify to the nearest 1/10 of 1 foot in mean sea level datum the elevations of the lowest floor; or
    2. The provisions for an essentially dry floodproof class (W2) contained in "Floodproofing Regulations," most recent edition, published by the Office of the Chief of Engineers, U.S. Army, Washington, D.C., are met. Except in the case of accessory uses to dwellings with a cost of less than $5,000.00, prior to the use or occupancy of a structure, a registered land surveyor shall certify to the nearest 1/10 of 1 foot in mean sea level datum the elevations of the lowest floor; or
    3. A registered professional engineer or architect certifies on the building plans that the walls and any parts of the structure below the regulatory flood protection elevation are substantially impermeable to the passage of water and that floodproofing methods used for a specified elevation in relation to mean sea level are adequate to withstand the flood depths, pressures, velocities, impact and uplift forces, and other factors associated with the 100-year flood at the location of the structure and that the structure is watertight, and attendant utility and sanitary facilities are floodproofed. Except in the case of accessory uses to dwellings with a cost of less than $5,000.00, prior to the use or occupancy of a structure, a registered land surveyor shall certify to the nearest 1/10 of 1 foot in mean sea level datum the elevations of the lowest floor; or
    4. For nonresidential structures only, a registered professional engineer or architect certifies on the building plans that the portions of any structure below the regulatory flood protection elevation comply with alternate wet floodproofing methods that are acceptable to FEMA as variances to the essentially dry floodproofing measures required in subsection B.2. above provided said alternate methods comply with the standards set forth in the FEMA Technical Standards Bulletin 85-1, and that such measures are adequate to withstand the flood depths pressures, velocities, impact and uplift forces and other factors associated with the one-hundred-year flood at the location of the structures and that the attendant utility and sanitary facilities are floodproofed and that the requirements for the issuance of the variance comply with the provisions of §44 CFR 60.6 of the FEMA National Flood Insurance Program and related regulations.
  3. The provisions of subsections A. and B. above shall be inapplicable to the following:
    1.  Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions.
    2. Any reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places, the State inventory of historic places or certified by the secretary of the interior as contributing to the historical significance of a registered historic district; provided that, the alteration will not preclude the structure's continued designation as an historic structure.
  4. No permit authorized in this chapter shall be issued for new construction or substantial improvements located in a SFHA, delineated as provided in Article 9.3. Special Flood Hazard Area Regulations, unless all utility, water and sanitary facilities, mechanical, electrical, heating, ventilation, plumbing, and air conditioning equipment and other service systems are designed, located or both to prevent water from entering or accumulating within the components during conditions of flooding.
    1. All backflow preventers or devices must be installed on potable water service lines at all building entry locations to protect the system from backflow or back siphonage of floodwaters or other contaminants; such devices shall be installed within floodproofed structures or at an elevation 1 foot above the regulatory flood protection elevation;
    2. All sanitary sewer systems that have openings below the regulatory flood protection elevation shall be equipped with automatic backwater valves or other automatic backflow devices which are installed in each discharge line passing through a building exterior wall. Devices shall be installed at locations accessible for maintenance; and
    3. All sewer system vents, and nonwatertight manholes, shall be constructed to a height at least 1 foot above the regulatory flood protection elevation; provided nothing herein shall prevent the construction of watertight manholes below the regulatory flood protection elevation.

Sec. 11.4.7. Issuance of Permit

Sec. 11.4.7. Issuance of Permit aaron.sheppard… Wed, 05/24/2023 - 10:03

When proper application for a permit has been made, and the City has determined that the application and the proposed work comply with the provisions of the code, the appropriate regulatory and technical codes adopted herein, and the laws of the State of North Carolina, it shall issue such permit, upon receipt of the proper fees.

Sec. 11.4.8. Permit Fees

Sec. 11.4.8. Permit Fees aaron.sheppard… Wed, 05/24/2023 - 10:03
  1. Working Without a Permit
    1. Any person who performs work without a permit when a permit is required shall be subject to an administrative fee equal to the amount of the fee specified for the work. This administrative fee shall be paid in addition to the fee specified for the work. The administrative fee shall not be construed as a penalty, but as a charge for additional administrative expense.
    2. If a person performs work without a permit twice in a 12 -month period, then for the second violation, that person shall pay both the administrative fee specified in Sec. 11.4.8.A.1. above and a civil penalty in the amount of $100.00 per trade.
    3. If a person performs work without a permit 3 or more times in a 12-month period, then for the third and for each subsequent violation, that person shall pay both the administrative fee specified in Sec. 11.4.8.A.1. above and a civil penalty in the amount of $500.00 per trade.
  2. Extra Inspection
    The fees in the City of Raleigh 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.
  3. Specific Fees Enumerated
    The specific fees due for any permit are listed in the City of Raleigh Fee Schedule.
  4. 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.
  5. Computations
    All permit fees derived in this schedule will be rounded to the nearest dollar.
  6. 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

Sec. 11.4.9. Violations aaron.sheppard… Wed, 05/24/2023 - 10:04

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 City 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

Sec. 11.4.10. Civil Penalty aaron.sheppard… Wed, 05/24/2023 - 10:04
  1. 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.
  2. 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.
  3. Settlement of Civil Claim
    The City 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.
  4. 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 City 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 completed, a civil penalty shall be assessed in the amount of $100.00 per day of continuing violation unless otherwise stated in this UDO.
  5. Additional Civil Penalty for Occupancy Without Certificate
    Any person who occupies or allows the occupancy of a building or space without first receiving a Certificate of Occupancy or a Temporary Certificate of Occupancy shall be subject to an initial civil penalty of $250.00 and to continuing penalties of $100.00 for each day's violation thereafter. This penalty shall be in addition to other civil penalties or remedies available under the City Code.