Unified Development Ordinance

Sec. 11.8.2. Petition and Action

Sec. 11.8.2. Petition and Action aaron.sheppard… Wed, 05/24/2023 - 10:27
  1. Filing of Petition
    1. Petitions charging that a structure is undergoing demolition by neglect shall be filed with the City.
    2. The Historic Development Commission may file a petition on its own initiative.
    3. Any official, commission, or department of the City of Raleigh, any state agency, or any local or state historical, preservation, neighborhood, or business association may request in writing to the Historic Development Commission that it make a preliminary investigation of a structure to determine whether a basis exists for a determination of demolition by neglect.
    4. The Historic Development Commission shall complete an investigation and notify the requestor in writing within 60 days the results of its preliminary investigation. The commission is under no obligation to file a petition on any structure. Should the commission determine that a petition is warranted, the commission shall prepare and file such petition within 90 days of its notification to the requestor.
    5. Petitions shall be filed in a format determined by the Historic Development Commission to clearly describe and illustrate the specific defects citing in each instance the specific standard or standards (as outlined in Sec. 11.8.5.) being violated.
    6. A petition alleging demolition by neglect may not be filed for the same property more frequently than once every 2 years.
  2. Methods of Service
    1. Complaints, notices, or orders issued by the Director shall be served upon property owners either personally or by registered or certified mail.
    2. If the whereabouts of such persons are unknown and the same cannot be ascertained by the Director in the exercise of reasonable diligence, and the Director shall make an affidavit to that effect stating the steps taken to determine and locate the property owners, then the serving of such complaint, notice, or order may be made by publishing the same once each week for 2 successive weeks in a newspaper generally circulated within the City. Where such service is by publication, a notice of the pending proceedings shall be posted in a conspicuous place on the premises thereby affected.
  3. Hearing on Petition
    1. Whenever a petition is filed with the City charging that a structure is undergoing demolition by neglect, the Director shall make a preliminary investigation of the charges within 21 days of the filing of the petition.
    2. If after preliminary investigation the Director determines that the charges in the aggregate do not rise to the applicability of Sec. 11.8.1.A. and Sec. 11.8.1.B., the Director shall provide written notification to the Historic Development Commission outlining in general terms the reasons for not applying the provisions of this section. The petition shall be returned to the Historic Development Commission.
    3. If the investigation discloses a basis for such charges, within 14 additional days the Director shall issue and cause to be served upon the property owners, as may be determined by reasonable diligence, a complaint stating the charges in that respect, including a copy of the petition and this section of the UDO. The complaint shall contain a notice that a hearing will be held before the Director at a place fixed not less than 30 nor more than 45 days after the serving of such complaint; that the property owners shall be given a right to give testimony at the place and time fixed in the complaint; and that the rules of evidence prevailing in courts of law or equity shall not be controlling in hearings before the Director. The Historic Development Commission shall also be given notice of the hearing.
    4. The purpose of the hearing is to receive evidence concerning the charge of deterioration and to ascertain whether the property owner wishes to make a claim of undue economic hardship.
  4. Action on Petition
    1. If after notice and hearing the Director determines that the structure is not undergoing demolition by neglect according to the applicability of Sec. 11.8.1.A. and Sec. 11.8.1.B. as judged by the standards of Sec. 11.8.5., the Director shall within 30 days of the hearing state in writing the findings of fact for not applying the provisions of this section. The written findings and conclusion shall be sent to the property owners and the Historic Development Commission. The petition shall be returned to the Historic Development Commission.
    2. If after notice and hearing the Director determines that the structure is undergoing demolition by neglect because it is deteriorating, or if its condition is contributing to deterioration, according to the applicability of Sec. 11.8.1.A. and Sec. 11.8.1.B. as judged by the standards of Sec. 11.8.5., the Director shall within 30 days of the hearing state in writing the findings of fact in support of such determination and shall issue and cause to be served upon the property owners an order to repair within a reasonable time specified those elements of the structure that are deteriorating, contributing to deterioration, or deteriorated. A copy of the order shall also be sent to the Historic Development Commission.
    3. In the event that the property owners wish to make a claim of undue economic hardship, the Director's order shall be stayed until after the Hardship Review Panel's determination in accordance with the procedures of Sec. 11.8.3., except as provided in Sec. 11.8.4.B.