Unified Development Ordinance

Sec. 8.10.1. Violations and Violators

Sec. 8.10.1. Violations and Violators aaron.sheppard… Tue, 05/23/2023 - 13:25

Each of the following are declared to be violations of the Raleigh City Code.

  1. It shall be unlawful for any person to design, construct or open, any street, drainage structure or utility line unless and until such street, drainage structure or utility line shall be platted, laid out, graded and improved in accordance with the provisions of this UDO, plans approved under this UDO and conditions of approval.
  2. Any owner, tenant, architect, attorney, contractor, designer, engineer, lender, real estate broker, surveyor, agent or any other person who acts in concert, participates, directs or assists in the creation or continuation of a violation of this Chapter, any regulation, rule, order or condition of approval adopted pursuant to this Chapter, or contrary to any plan approved under this UDO are each declared to be violators of the Raleigh City Code.
  3. It shall be unlawful for any person to record a plat without the approval of the City, to make any change to an approved plat or to record a document beyond its expiration date for recording without the specific written consent of the City. The Clerk of the Superior Court of Wake County shall not order or direct the recording of a plat where such recording would be in conflict with this Chapter.
  4. It shall be unlawful for any person to subdivide real property by deed, will, security instrument, partition or by map, contrary to this Chapter, any rule, regulation, order, condition of approval adopted pursuant to this Chapter, or any plan approved under this UDO.
  5. It shall be unlawful for any person to fail, neglect or refuse to make any dedication as required by this UDO, any rule, regulation, order or condition of approval adopted pursuant to this UDO or any plan approved under this UDO.
  6. It shall be unlawful for any person to own, manage, lease or occupy real property, the subdividing of which is an unlawful subdivision by virtue of this UDO, when such person knows or has reasonable grounds to believe that the property was subdivided contrary to this UDO, any regulation, rule, order or condition of adopted approval or contrary to any plan approved under this UDO. The enumeration of these declared violations shall not be deemed exclusive or all-inclusive. All persons who shall commit violations shall be held responsible and shall be subject to the penalties and remedies provided in Sec. 1.1.10. and Sec. 8.10.2. Each day's continuing violation shall be a separate and distinct violation or offense.