GENERAL PROVISIONS

Raleigh City Code pt. 8, ch. 2, art. A

in effect

Raleigh City Code § 8-2001 DEFINITIONS.

Sec. 8-2001. - DEFINITIONS. As used in this chapter, the following terms shall have the meanings ascribed to them respectively: Adjacent lot. Adjacent lot shall mean that parcel of land that shares a common boundary and/or a common right-of-way with an existing lot seeking sewer service and/or water service; for the purposes of sewer service, an adjacent lot is a parcel of land located upgradient of the existing lot. Connection or connect. Connection or connect shall mean a link (or to cause a link) between any structure and the City's utility system that causes (i) water to be distributed from any City water treatment system to any structure or (ii) sewage to be collected from any structure to any City publicly operated treatment works, notwithstanding any intervening private utility system that may exist. Dedicators. Dedicators shall mean and include the person owning or constructing any private utility system being dedicated to the City. Developer. Developer shall mean a person who makes an application to the City for the City's approval of a site plan or subdivision. Development. Development shall mean any human-caused change to improved or unimproved real estate including but not limited to, constructing or changing any building or other structure. Existing lot. Existing lot shall mean any lot that has been recorded in the register of deeds of the County in which the land is located prior to the application for connection to City utilities. Major water and sewer mains. Major water and sewer mains or major water and major sewer mains shall mean those water and/or sewer lines which are twelve (12) inches in diameter or greater. Minor water and sewer mains. Minor water and sewer mains or minor water and minor sewer mains shall mean those water and/or sewer lines which are less than twelve (12) inches in diameter. Person. Person shall mean any individual, firm, partnership, association, institution, corporation, municipalities and other political subdivisions, and governmental agencies. Sewer service stub. Sewer service stub shall mean any portion of a sewer service pipe which connects to a City sewer main and extends from a sewer main to the boundary of any public easement or right-of-way with private property. Structure. Structure shall mean anything constructed, installed, or portable, the use of which requires a location on a parcel of land. This includes a fixed or movable building which can be used for residential, recreational, business, commercial, agricultural, institutional or office purposes, either temporarily or permanently. "Structure" also includes, but is not limited to, fences, decks, garages, swimming pools, hot tubs, children's play sets, barbeque pits, tennis courts, signs, walls, heating, ventilation and air conditioning units, storage tanks, sheds, docks, mooring areas, and other accessory construction. Tap size. Tap size shall mean the nominal diameter of the connection of the water service installed between a water meter assembly and the water main connected to the water utility system of Raleigh without regard to the configuration of that water assembly or ownership of the water meter assembly, service or water main. Utility system, utility mains. Utility system or utility mains shall mean and include any City of Raleigh owned or operated treatment works or water works, pumping stations, storage tanks, water mains, sewer mains and reuse water mains (individually or collectively as determined by the context), and shall include all pipes, valves, valve boxes, hydrants, water service stubs, meters and other appurtenant facilities, fixtures, equipment, and apparatus connected to and forming a part of the main water, sewer, or reuse water pipe lines and systems or both, and all appliances necessary and convenient thereto. The utility lines dedicated to the City as public shall include only main distribution pipes, main collectionpipes, valves, hydrants and other apparatus, fixtures and equipment forming a part of the lines laid in public streets, roads, highways, alleys and any other public right-of-way or across City utility, water or sanitary sewer easements on private property, and shall not include services leading from mains to building connections on private property and shall not include the water, sewer or reuse water lines within any residences or other privately owned building or structure. Water service stub. Water service stub shall mean any portion of a water or reuse water service pipe which connects to a City water or reuse water main and extends from a water or reuse water main to a water or reuse water meter. (Ord. No. 1985-543, §1, 4-16-85; Ord. No. 1995-760-TC-122, §13, TC-20C-95, 11-21-95; Ord. No. 2014-262, §2, 1-21-14, eff. 1-26-14; Ord. No. 2014-337, §§1—3, 9-2-14, eff. 9-7-14)

Raleigh City Code § 8-2002 CONNECTING WITH WATER PIPES.

Sec. 8-2002. - CONNECTING WITH WATER PIPES. It shall be unlawful for any person to connect any pipe or take by any means water from or interfere with the pipes of the waterworks system of the City without authorization from the Raleigh Director of Public Utilities or his designee. In reviewing requests, the Raleigh Director of Public Utilities or his designee shall consider the appropriateness of the size, location, character, and quality of all materials and connections. The size of the service shall be determined by the applicant. It shall be unlawful for any person, except City forces as directed by the Raleigh Director of Public Utilities or his designee, to operate any valve in the water distribution system of the City. In addition to any other remedy available in the Code, violation of this section is also a misdemeanor. (Code 1959, §23-11; Ord. No. 1984-338, §1, 4-17-84; Ord. No. 1985-543, §1, 4-16-85; Ord. No. 1986-746, §1, 3-18-86; Ord. No. 2014-262, §3, 1-21-14, eff. 1-26-14; Ord. No. 2022-339, §2, 2-15-22)

Raleigh City Code § 8-2003 MAINTENANCE, REPAIR AND REPLACEMENT OF WATER AND SEWER SERVICES.

Sec. 8-2003. - MAINTENANCE, REPAIR AND REPLACEMENT OF WATER AND SEWER SERVICES. (a) Owners of property served by the utility system shall be responsible for the maintenance necessary to keep such property owner's sewer service (which includes the sewer service stub) clean and sanitary and continually functioning. (b) The replacement and/or repair of water and sewer service stubs may be caused by direction of the Raleigh un Public Utilities or his designee or by application of owners of the property served that is filed with the Raleigh Director of Public Utilities or his designee. (c) Except as indicated in §8-2039, all water and sewer service stubs shall be replaced or repaired by the City unless expressly permitted by the Raleigh Director of Public Utilities or his designee. Permits for the repair or replacement of water and sewer service stubs shall be granted for work in or upon the utility system in public street right-of-way only to licensed utility contractors. The replacement and/or repair of sewer services on private property, including within City easements, shall be the responsibility of the owner of the property served by the sewer service. The replacement and/or repair of water services from the meter box to the structure shall be the responsibility of the owner of the property served by the water service. (d) In the event of the paving or widening of streets, or the raising or lowering of the grade of a street, or in the installation of curbs or gutters and/or sidewalks, or in the case of the installation of new water or sewer lines initiated by the public, all water and sewer service stubs may be replaced so as to meet the standards prescribed by the Raleigh Public Utilities Handbook. (e) Applications for the replacement of existing water stubs by owners of the property served shall be considered only in the event the service stub is leaking, needs enlarging or is delivering an insufficient quantity of water or the property owner replaces the galvanized service from meter box to house. In the case of an application as a result of an insufficient quantity of water only those service stubs delivering less than ten (10) gallons per minute (gpm) shall be considered for renewal or repair at no charge to the property owner. (f) There shall be no charge for replacement or repair of defective stubs as provided by this §8-2003, except when the existing service stub is enlarged or relocated by request of the owner. If an existing galvanized water service stub or terra cotta sewer service stub is enlarged, a fee shall be charged equal to the difference between the fee corresponding to the existing service stub size and the fee corresponding to the proposed service stub size as set forth in §8-2039. If a copper water service stub or cast-iron sewer service stub is enlarged a fee shall be charged for the proposed service stub size as set forth in §8-2039. If an existing water or sewer service stub is relocated at the request of the owner, a fee shall be charged for the relocated service stub size as set forth in §8-2039. (g) Replacement of water service stubs shall extend from the main to the property line, except where a structure or other obstruction prevents installation up to the property line, and shall conform to the provisions of this Code. Water meters shall be relocated as necessary. Replacement of sewer service stubs shall extend from the main to the property line or to the edge of the City's easement, except where a structure or other obstruction prevents installation up to the property line, and shall conform to the provisions of this Code. (h) Where an existing water meter is located on private property, then the City shall be authorized to relocate such water meter to the public right-of-way or easement and shall replace the water service stub pursuant to §8-2003(g) above. (Code 1959, §23-10; Ord. No. 1985-543, §2, 4-16-85; Ord. No. 2014-262, §4, 1-21-14, eff. 1-26-14; Ord. No. 2014-337, §4, 9-2-14, eff. 9-7-14)

Raleigh City Code § 8-2004 CONNECTIONS TO THE UTILITY SYSTEM.

Sec. 8-2004. - CONNECTIONS TO THE UTILITY SYSTEM. (a) Except as provided in Section 8-2004(b) below, all water and sewer service stubs serving structures that exist at the time application for water and sewer service is made shall be installed and connections to the utility system made either (i) by City forces or contractors working for the City only after payment to the City of the appropriate tap fee set forth in the Raleigh Water Fee Schedule; or (ii) by licensed utility contractors (right-of-way or City easements) or plumbers (city easements) pursuant to this Code and the Raleigh Public Utilities Handbook. Notwithstanding the foregoing, the City will not install taps across divided roadways, or across roadways/streets measuring forty-five (45) feet or longer as measured from back of curb to back of curb. When no curb exists, the measurement shall be marked from the edge of pavement. (b) Any water or sewer connection made in conjunction with either a (i) a building permit for a new structure or (ii) any water or sewer connection made in new developments shall be made by the owner at his expense pursuant to this Code and the Raleigh Public Utilities Handbook. The installation and extension of water and sewer services on private property, including within City easements, shall be the responsibility of the owner of the water and/or sewer service. (Code 1959, §23-25; Ord. No. 1985-543, §3, 4-16-85; Ord. No. 1995-760-TC-122, §14, TC-20C-95, 11-21-95; Ord. No. 2014-262, §5, 1-21-14, eff. 1-26-14; Ord. No. 2014-337, §5, 9-2-14, eff. 9-7-14; Ord. No. 2019-923, §1, 3-5-19; Ord. No. 2020-96, §6, 6-15-20, eff. 7-1-20)

Raleigh City Code § 8-2005 METER REQUIREMENTS; PLACEMENT OF METERS.

Sec. 8-2005. - METER REQUIREMENTS; PLACEMENT OF METERS. (a) A separate water meter and water and/or sewer connection is required for each lot at the time of connection with water and/or sewer service. All such meters shall be placed in the street right-of-way or in a two-foot easement adjacent to the street right-of-way at such locations as the Raleigh Director of Public Utilities or his designee shall determine, provided that nothing herein shall authorize the placement of a water meter on the opposite side of the street right-of-way from the building being served. All fire hydrants maintained by the City shall be installed in the street right-of-way or in a two-foot easement adjacent to the street right-of-way. All meters shall conform to the standards and material specifications of the City. All water meters shall be installed by City forces only after payment to the City of the appropriate meter installation fee set forth in the Raleigh Water Fee Schedule. A "Not Ready Fee" shall be collected by the City pursuant to the Raleigh Water Fee Schedule if the City has attempted to initially install the water meter at the request of the applicant and determined that the water service stub was either not installed to the property or the water service stub not installed in accordance with City standards. The "Not Ready Fee" must be paid to the City prior to any subsequent attempt by the City to install the meter after any failed attempt and prior to any water being provided to the property. (b) Should any person wish to rent a hydrant meter from the City to obtain water from a fire hydrant, that person shall apply for a rental hydrant meter pursuant to the process outlined in the Raleigh Public Utilities Handbook. Any person who rents any hydrant meter shall execute a rental agreement in the form and manner acceptable to the Raleigh Director of Public Utilities or his designee and shall pay a deposit and rental fee for the hydrant meter, plus the monthly metered water charge in accordance with the Raleigh Water Fee Schedule. Users of hydrant meters shall self-report the flow through the hydrant meter pursuant to the rental agreement; failure to report flow for any month that the hydrant meter registered flow shall result in an additional charge in accordance with the Raleigh Water Fee Schedule. In addition, any person who rents a hydrant meter shall be responsible for the loss and/or damage to any such hydrant meter. In the event of loss or damage to any hydrant meter that occurs to the hydrant meter while in the person's possession, the person shall pay to the City the costs to repair (both labor and materials) the hydrant meter or the replacement cost, as appropriate, pursuant to the Raleigh Water Fee Schedule. (Code 1959, §23-27.1(a); Ord. No. 1981-560, §1, 1-6-81; Ord. No. 1985-543, §5, 4-16-85; Ord. No. 1986-746, §2, 3-18-86; Ord. No. 1986-775, §5, 4-15-86; Ord. No. 1999-558, §1, 5-18-99; Ord. No. 2000-805, §1, 6-6-00; Ord. No. 2002-200, §1, 5-7-02; Ord. No. 2003-439, §1, 5-6-03; Ord. No. 2004-623, §1, 5-4-04; Ord. No. 2005-825, §1, 5-17-05; Ord. No. 2006-15, §1, 5-2-06; Ord. No. 2007-218, §1, 5-1-07, eff. 7-1-07; Ord. No. 2008-378, §1, 4-15-08, eff. 7-1-08; Ord. No. 2009-556, §1, 3-17-09, eff. 7-1-09; Ord. No. 2010-718, §1, 4-6-10, eff. 7-1-10; Ord. No. 2011-883, §1, 5-17-11, eff. 7-1-11; Ord. No. 2012-41, §1, 5-1-12, eff. 7-1-12; Ord. No. 2013-175, §1, 4-16-13, eff. 7-1-13; Ord. No. 2014-262, §6, 1-21-14, eff. 1-26-14; Ord. No. 2014-297, §1, 5-6-14, eff. 7-1-14; Ord. No. 2015-419, §1, 4-7-15, eff. 7-1-15; Ord. No. 2016-566, §1, 3-21-16, eff. 7-1-16; Ord. No. 2017-684, §1, 3-15-17, eff. 7-1-17; Ord. No. 2017-686, §1, 3-15-17, eff. 7-1-17; Ord. No. 2018-842, §1, 6-11-18, eff. 7-1-18; Ord. No. 2019-949, §1(Att.), 6-4-19, eff. 7-1-19; Ord. No. 2019-960, §1, 6-10-19, eff. 7-1-19; Ord. No. 2020-96, §§7, 8, 6-15-20, eff. 7-1-20)

Raleigh City Code § 8-2006 ADDITIONAL METERS; COMMON CONNECTIONS; ALLOWED USES.

Sec. 8-2006. - ADDITIONAL METERS; COMMON CONNECTIONS; ALLOWED USES. Additional meter locations, water connections and/or sewer connections, in compliance with the City's Unified Development Ordinance if located within the jurisdiction of the City, or County zoning and subdivision ordinances if located within the jurisdiction of the County, may be permitted. A common water connection, sewer connection and/or meter will be permitted to serve more than one (1) building of the following categories as those terms are used in the City's Unified Development Ordinance. (a) Group living developments; (b) Townhouse developments; (c) Unit-ownership (condominium developments); (d) Overnight lodging; (e) Hospitals; (f) Warehouses, industrial buildings (under one (1) ownership and engaged in one (1) business only); (g) Schools, colleges, community colleges or universities; (h) Manufactured home developments; (i) Shopping centers; (j) Places of worship. (Code 1959, §23-27.1(b); Ord. No. 1985-543, §6, 4-16-85; Ord. No. 2000-734-TC-189, TC-2-00, §1, 2-15-00; Ord. No. 2014-262, §7, 1-21-14, eff. 1-26-14)

Raleigh City Code § 8-2007 COMMON METERS AND CONNECTIONS; REQUIREMENTS.

Sec. 8-2007. - COMMON METERS AND CONNECTIONS; REQUIREMENTS. A common water connection, sewer connection and/or water meter, including a private water or sewer distribution system will be permitted to serve the above categories of buildings meeting the following minimum requirements: (a) The building or buildings to be served are in compliance with the City's zoning and subdivision ordinances, if located within the jurisdiction of the City, or with the County zoning and subdivision ordinances, if located within the jurisdiction of the County. (b) The building permit and plat shows a single owner and indicates that the complex of buildings will be constructed on a single lot. (c) If one (1) common meter is used, such meter shall be located within the street right-of-way or in a two-foot easement adjacent to the street right-of-way at such locations approved by the Raleigh Director of Public Utilities or his designee. (d) If a common water connection and/or sewer connection and more than one (1) meter is used, the meters may be located on private property. In such cases the applicant shall be required to submit to the Raleigh Department of Public Utilities a site plan showing the proposed water and sewer construction. The plans shall be prepared by a registered professional engineer who shall also provide periodic inspection of the work. When the work is complete, he shall furnish the owner and the City with a certification that the work has been done properly and has been approved by him. The plan shall be approved by the Raleigh Department of Public Utilities to include size of water and sewer line, materials to be used for construction, valve locations, hydrant locations, manhole locations, meter locations and any other appurtenances that may be necessary as determined by the Raleigh Director of Public Utilities or his designee. All construction from the property line to the water meter shall be in accordance with the City standards and specifications. Construction beyond the water meter may be with materials permitted in the North Carolina Plumbing Code. All sewer construction within easements shall be in accordance with City standards and specifications; all other sewer construction shall be in accordance with the North Carolina Plumbing Code. All construction shall be performed by either a licensed master plumber or a licensed utility contractor. The Raleigh Director of Public Utilities or his designee may enter the premises of any water or sewer user to examine the pipes and fixtures, the quantity of water being used and the manner of its use, to take meter readings and to make meter repairs. (e) Should a building within such a multiple constructed area be conveyed to a new owner, or should a multiple constructed area be subdivided, the City shall require a separate water and sewer connection from that building to the public main. Each development in any of the above categories shall have a fire protection plan reviewed by the Raleigh Department of Public Utilities and approved by the Fire Department prior to the issuance of a building permit and prior to the installation of water connections or the extension of existing water installations. (f) The fire protection plans shall be submitted in triplicate to the Raleigh Fire Chief or his designee for approval. The City reserves the right to require proper size water lines, proper hydrants spacing and location, and the installation of metering devices where it shall be determined that water is being used for other than fire protection purposes exclusively. All water facilities constructed on private property for the purpose of fire fighting shall be in accordance with City standards and specifications. Construction beyond the water meter may be with material permitted in the North Carolina Plumbing Code. (Code 1959, §23-17.1(c); Ord. No. 1985-543, §§7—10, 4-16-85; Ord. No. 2014-262, §§8, 51(2), 1-21-14, eff. 1-26-14)

Raleigh City Code § 8-2008 WELLS; PERMIT REQUIRED.

Sec. 8-2008. - WELLS; PERMIT REQUIRED. No well shall be installed within the City without first securing a well permit from Wake County and plumbing and electrical permits from the City's Office of Development Services for such installation. (Ord. No. 2014-262, §9, 1-21-14, eff. 1-26-14)

Raleigh City Code § 8-2009 NEW OR REPLACEMENT WATER AND SEWER SYSTEMS TO BE FLOOD-RESISTANT.

Sec. 8-2009. - NEW OR REPLACEMENT WATER AND SEWER SYSTEMS TO BE FLOOD-RESISTANT. (a) Any and all new or replacement water supply systems and sanitary sewage systems within floodprone areas shall be designed and constructed to minimize and eliminate infiltration of floodwaters into such systems and to minimize and eliminate discharges from such systems into floodwaters. (b) Any and all on-site new waste disposal systems within floodprone areas shall be located, designed and constructed so as to avoid impairment of them or contamination from them during flooding. (c) Any venting of any sanitary sewer system and nonwatertight manholes shall be constructed to a height at least three (3) feet above the 100-year flood elevation provided nothing herein shall prevent the construction of watertight manholes below the 100-year flood elevation. (Code 1959, §23-35; Ord. No. 1978-872-TC-88, §§16—19, 8-15-78; Ord. No. 2014-262, §10, 1-21-14, eff. 1-26-14)

Raleigh City Code § 8-2010 EMERGENCY DISCONTINUATION OF SERVICE AND REPAIRS.

Sec. 8-2010. - EMERGENCY DISCONTINUATION OF SERVICE AND REPAIRS. The responsibility for maintaining and repairing sewer and water stubs shall be in accord with City Code, §8-2003 and the Raleigh Public Utilities Handbook. The repair of all pipes and fixtures on private property shall be the responsibility of the property owner or consumer. When a minor failure occurs in a pipe or fixture on private property, and such failure is not corrected within forty-eight (48) hours of notification by the Raleigh Director of Public Utilities or his designee to the owner or person in charge, the City, for the purpose of conserving water and protecting the public, may discontinue service until the failure is corrected or enter the property and make the necessary repairs. When a major failure occurs in a line or fixture and creates the possibility of an immediate danger to the public health or safety, the City may make the necessary repairs. The work done by the City shall be limited to the necessary line repair and such backfilling as needed to protect the pipe. The cost of any repairs performed by the City shall be charged to the property owner. Failure to pay the City's repair costs may result in discontinuation of service until such costs are paid. (Ord. No. 1985-543, §10, 4-16-85; Ord. No. 2014-262, §11, 1-21-14, eff. 1-26-14)

Raleigh City Code § 8-2011 PAYMENT OF FEES AND CHARGES.

Sec. 8-2011. - PAYMENT OF FEES AND CHARGES. Any person using the utility system hereby contracts with the City to pay all required permits, fees, and charges as required by laws, ordinances, and resolutions. Prior to a customer receiving potable water and/or sanitary sewer service from the City's utility system, an application for service must be received by the City's Office of Development Services. For new customer accounts, this service application is received in the form of a utility connection permit. For existing utility system service accounts, customers must contact the Utility Billing Office to close or initiate service in the new customer's name. In order to initiate service on a new account or to initiate service on an existing account in the name of a new customer, an utility service initiation charge must be billed to the customer and collected by the City in the customer's first utility bill mailed to the customer. Failure of the customer to pay the full amount of the utility service initiation charge will be treated in the same manner as the utility bill being past due. The utility service initiation fee shall be as set forth in the Raleigh Water Fee Schedule. This fee shall be billed by the City Utility Billing office as described in this section. The City's utility system customers are required to pay for their utility service by a date specified on their utility system bill. Failure to pay their bill by this date will result in the addition of a delinquency fee added to the amount past due on their utility bill. The delinquency fee and the past due utility bill amount must be paid in full to the City, in order for the customer's utility account to be considered current. Failure of the customer to pay the full amount of the delinquency fee will be treated in the same manner as the utility bill being past due for the customer's next utility bill and grounds for utility service interruption by the City, if not paid in full in the subsequent utility bill. (Ord. No. 1985-543, §11, 4-16-85; Ord. No. 2003-461, §1, 6-17-03; Ord. No. 2009-608, §6, 6-16-09, eff. 12-1-09; Ord. No. 2014-262, §12, 1-21-14, eff. 1-26-14; Ord. No. 2020-96, §9, 6-15-20, eff. 7-1-20)

Raleigh City Code § 8-2012 ACCESS TO AND OBSTRUCTIONS OF THE UTILITY SYSTEM AND EASEMENTS.

Sec. 8-2012. - ACCESS TO AND OBSTRUCTIONS OF THE UTILITY SYSTEM AND EASEMENTS. (a) No person shall open, enter into, place, or allow anything to be placed in any manhole, hydrant, valve box, meter box or any other appurtenances of the City's water or sanitary sewer system without written approval from the Raleigh Director of Public Utilities or his designee. (b) No person shall damage, obstruct, or cover any manhole, hydrant, valve box, meter box or any other appurtenances of the City's water or sanitary sewer system. (c) No person shall plant trees, shrubs, or other plants within a water or sewer easement without prior written approval from the Raleigh Director of Public Utilities or his designee. Shallow-rooted ground cover material may be planted and maintained within the easement area provided that all risk of damage to any such improvements caused by maintenance or repair of the sewer line and appurtenant facilities shall be with the property owner. Further, the City is authorized to remove and keep removed from the easement all trees, vegetation, and other obstructions as necessary to maintain, repair or protect the sanitary sewer line or lines and appurtenances. (d) No person shall place any part of a structure or any permanent equipment within a water or sewer easement without prior written approval from the Raleigh Director of Public Utilities or his designee. (e) Any unapproved structure, equipment, or landscaping located within a water or sewer easement, that limits access in the event of an emergency, will be removed by the Raleigh Department of Public Utilities at the property owner's expense. In times of nonemergency, property owners will be notified to remove unapproved structures, equipment, or landscaping located within a water or sewer easement within forty-five (45) days of notice. Any structures, equipment, or landscaping not removed by the property owner within the specified time, may be removed by the Raleigh Department of Public Utilities at the property owner's expense. (f) Violation of this section is a misdemeanor and in addition may be punished under §8-2014 of the City Code. (Ord. No. 1985-543, §11, 4-16-85; Ord. No. 1999-658, §1, 10-19-99; Ord. No. 2014-262, §13, 1-21-14, eff. 1-26-14)

Raleigh City Code § 8-2013 DAMAGE TO UTILITY SYSTEM; UNAUTHORIZED USE.

Sec. 8-2013. - DAMAGE TO UTILITY SYSTEM; UNAUTHORIZED USE. It shall be unlawful for any person to alter, remove, damage, or interfere with any part of the utility system. Provided, it shall further be unlawful for any person to turn off or discontinue or turn on water, sewer or reuse water service to any part of the utility system without the written consent of the Raleigh Director of Public Utilities or his designee. In addition to any other remedy available in the Code, violation of this section is also a misdemeanor. (Ord. No. 1983-154, §1, 7-19-83; Ord. No. 1986-775, §2, 4-15-86; Ord. No. 2014-262, §14, 1-21-14, eff. 1-26-14; Ord. No. 2022-339, §3, 2-15-22)

Raleigh City Code § 8-2014 ENFORCEMENT PROCEDURE.

Sec. 8-2014. - ENFORCEMENT PROCEDURE. (a) Whenever the Raleigh Director of Public Utilities or his designee finds that any person has violated or is violating this article, any permit issued pursuant to this article, or any regulation, standard, rule or order adopted in furtherance of this article, the Raleigh Director of Public Utilities or his designee may serve upon such a person a written notice stating the nature of the violation. If requested by the Raleigh Director of Public Utilities or his designee, a plan for the satisfactory correction thereof shall be submitted to the Raleigh Director of Public Utilities or his designee within the timeframe specified in the enforcement policy adopted in accordance with subsection (e) below. Submission of this plan does not relieve the person of liability for any violations occurring before or after receipt of the notice of violation. In the event of an emergency that requires the City to take immediate action to correct the violation, the City is not required to provide an opportunity for the violator to correct the violations and may assess penalties and costs pursuant to this section without prior notice. (b) Any person who is found to have failed to comply with any provision of this article, any permit issued pursuant to this article, or any regulation, standard, rule or order adopted in furtherance of this article, shall be subject to a civil penalty as follows: (1) Residential meter obstruction, alteration, bypass or tampering, first violation, five hundred dollars ($500.00). (2) Residential meter obstruction, alteration, bypass or tampering, repeat violation within the previous five (5) years, five thousand dollars ($5,000.00). (3) Non-residential meter obstruction, alteration, bypass, tampering, five thousand dollars ($5,000.00). (4) Make any connection or reconnection with the water system without first procuring from such person a written permission, five thousand dollars ($5,000.00). (5) Retain possession of or refuse to deliver a hydrant meter assembly issued by the City after authorized use ends, five thousand dollars ($5,000.00). (6) Turn on or off or in any manner interfere with any valve without written permission, five thousand dollars ($5,000.00). (7) Any other violation not specifically listed herein, five hundred dollars ($500.00) per violation. (8) In the case of a violation of Chapter 14, Section 151 of the North Carolina General Statutes (i.e., willful or fraudulent interference with the utility system to obtain utility service) that causes damages to the utility system or other loss to the City, the civil penalty shall be subject to a penalty three (3) times the amount of losses and/or damages caused by the violation or five thousand dollars ($5,000.00), whichever is greater. The notice of the civil penalty assessment shall be issued in writing and shall set forth with reasonable care the basis of the civil penalty and any administrative costs and the costs to the City of rectifying the noncompliance that are assessed. (c) Failure to obtain any permit required by this article or any other violation by any person authorized to perform work in or upon the utility system shall subject the violator to the following penalties: (1) For the first violation, the person shall be subject to a civil penalty in the amount of one hundred dollars ($100.00) plus any permit fee, if applicable. (2) For the second violation in a five-year period, the person shall be subject to a civil penalty in the amount of two hundred dollars ($200.00) plus any permit fee, if applicable. (3) For the third violation in a five-year period, the person shall be subject to a civil penalty in the amount of five hundred dollars ($500.00) plus any permit fee, if applicable, and for each subsequent violation the person shall be subject to a civil penalty in the amount of five hundred dollars ($500.00) plus any permit fee, if applicable, up to the fifth violation. (4) After the fifth violation in a five-year period, the privilege and right of the person to work in and/or upon the Raleigh water and sewer utility system shall be suspended for a period of twelve (12) months from the date of the sixth violation. (d) Any person violating any section of this article must pay to the City all expenses incurred by the City in repairing any damage to the utility system caused in whole or in part by such violation and any expense incurred by the City in investigating such violation. (e) The Raleigh Director of Public Utilities shall prepare an enforcement policy to implement this section which shall be submitted to the City Council for approval. (f) From and after the expiration of the time period specified in the notice of violation issued pursuant to subsection (a) above of this section for correcting a violation of this article, each subsequent day that the violation continues in existence shall constitute a separate and distinct offense subject to additional civil penalties. (g) Any appeal from a notice of violation or civil penalty assessment shall be made in writing to the Raleigh Director of Public Utilities within thirty (30) days of receipt of the notice of violation or civil penalty assessment issued pursuant to this section. The Raleigh Director of Public Utilities shall use all reasonable efforts to notify the appellant in writing of his or her decision within sixty (60) days of receipt of the notice of appeal pursuant to the enforcement policy adopted in subsection (e) of this section. (h) All notices required by this subsection may be served by certified mail or hand-delivery to the violator; certified mail or hand-delivery to the owner of the property in violation; or posting the notice at the property in violation. When service is made by certified mail, a copy of the notice may also be sent by First Class U.S. Mail. Service shall be deemed sufficient if the notice sent by First Class U.S. Mail is not returned by the U.S. Post office seven (7) days after mailing. (i) If payment is not received or equitable settlement reached after thirty (30) days after demand for payment is first made, the matter shall be referred to the City Attorney for institution of a civil action in the name of the City in the appropriate division of the general court of justice of Wake County for recovery of the penalty. If payment is not received or equitable settlement has not been reached within the specified time period, the City may interrupt water and sewer service to the property until such time that payment is received or equitable settlement has been reached. (j) Any person who violates any of the provisions of this article, any permit, or any regulation, standard, rule or order duly adopted in furtherance of this article, or who undertakes or continues any alteration, extension or construction of the utility system or part thereof without first obtaining a permit or written permission or who undertakes or continues any alteration, extension, or construction of the utility system or part thereof, except in conformity with the terms, conditions, requirements and provisions of an approved application, plan, or both shall be guilty of a misdemeanor punishable by imprisonment to the maximum number of days prescribed by law. (k) Whenever the City Council has reasonable cause to believe that any person is violating or threatening to violate any of the provisions of this article, any permit, or any regulation, standard, rule or order duly adopted in furtherance of this article, or is undertaking or continuing any alteration, extension and construction of the utility system without first obtaining a permit or written permission, or is undertaking or continuing any alterations, extension, or construction of the utility system or part thereof, except in conformity with the terms, conditions, requirements and provisions of an approved application, plan, or both, the City may, either before or after the institution of any other action or proceeding authorized by this Code, institute a civil action in the name of the City for injunctive relief to restrain the violation or threatened violation. The institution of an action for injunctive relief under this subsection shall not relieve any party to such proceeding from any civil or criminal penalty prescribed for violations of this Code. The terms "undertakes" or "undertaking" as used in this section means the initiating of or continuing of or being financially responsible for any activity or phase of activity which results in the extension, construction, or alteration of any part of the utility system of the City. (l) The penalties and enforcement provisions established by this article may be applied in addition to or in lieu of the penalties established by other sections of this Code and applicable ordinances. The remedies provided for in this article are not exclusive. The Raleigh Director of Public Utilities or his designee may take any, all, or any combination of these actions against a violator. (Ord. No. 1986-775, §4, 4-15-86; Ord. No. 2014-262, §15, 1-21-14, eff. 1-26-14; Ord. No. 2014-337, §6, 9-2-14, eff. 9-7-14)

Raleigh City Code § 8-2015 DUTY TO REPORT DAMAGE.

Sec. 8-2015. - DUTY TO REPORT DAMAGE. Every person who observes damage to any manhole, hydrant, valve or meter or to any other part of the utility system has a duty to report the damage to the Raleigh Department of Public Utilities. (Ord. No. 1999-658, §2, 10-19-99; Ord. No. 2014-262, §16, 1-21-14, eff. 1-26-14)

Raleigh City Code § 8-2016 RALEIGH PUBLIC UTILITIES HANDBOOK.

Sec. 8-2016. - RALEIGH PUBLIC UTILITIES HANDBOOK. The design, installation, construction and testing of public and private utilities shall be in accordance with the standards and requirements in the Raleigh Public Utilities Handbook as amended, on file in the City Clerk's Office, Raleigh Department of Public Utilities and online at the City's website. (Ord. No. 2010-793, §1, 10-19-10; Ord. No. 2014-262, §17, 1-21-14, eff. 1-26-14)

Raleigh City Code § 8-2017 SEWER BACKFLOW DEVICES.

Sec. 8-2017. - SEWER BACKFLOW DEVICES. The current North Carolina Plumbing Code requires that where plumbing fixtures are installed on a floor with a finished floor elevation below the elevation of the manhole cover of the next upstream manhole in the public sewer, such fixtures must be protected by a backwater valve. For existing services that have plumbing fixtures installed on a floor with a finished floor elevation below the elevation of the manhole cover of the next upstream manhole in the City sewer system and that do not have a backwater valve installed, the property owner must sign a sewer release, in the form and manner provided by the Raleigh Director of Public Utilities or his designee, waiving the City's liability in case of a sewage backflow from the main into the building. This form will be recorded in the appropriate register of deeds office. (Ord. No. 2014-337, §7, 9-2-14, eff. 9-7-14)

Source: City of Raleigh, North Carolina, City Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/nc/raleigh/codes/code_of_ordinances?nodeId=DIVIICOGEOR_PT8PUUT_CH2WASESE_ARTAGEPRFetched: 11/1/2026