This section is authorized by S.C. Code §§ 5-7-30;
5-7-32; 5-7-80; and 31-15-10 et seq.
A.
All buildings/structures regulated by this chapter which are structurally
unsafe or not provided with adequate egress, or which constitute a
fire hazard or are otherwise dangerous to human life, are for the
purposes of this chapter unsafe.
B.
Any dwellings regulated by this chapter which are dangerous or injurious
to the health, safety or morals of the occupants, neighbors or community
are for the purposes of this chapter unfit.
C.
Any use of buildings or structures constituting a hazard to safety,
health or public welfare by reasons of inadequate maintenance, dilapidation,
obsolescence, fire hazard, disaster, damage or abandonment are for
the purposes of this chapter unsafe uses.
D.
All such unsafe buildings/structures or appendages are hereby declared
to be public nuisances and shall be abated by alteration, repair,
rehabilitation, demolition or removal in accordance with the procedures
set forth in this chapter.
E.
It shall be unlawful for any owner or party in interest thereof to
keep or maintain any building/structure or part thereof which is an
unsafe building/structure as herein defined.
As used in this chapter, the following terms shall have the
meanings indicated:
Repair, replace, remove, destroy or otherwise remedy the
condition in question by such means, in such time, in such a manner
and to such an extent as the Building Official or City Council shall
determine to be in the best interest of the public, taking into account
all facts and circumstances.
The Building Official or his designee.
Any condition located in a building or on premises which
constitutes a health hazard, and/or which is or may be unsafe or dangerous
by reason of inability to appreciate the peril therein and/or affects
the economic value preservation of property and the surrounding properties
as determined by the Building Official or his designee based upon
the facts and circumstances found after reasonable inquiry, investigation
or upon citizen report.
A building, structure, or portion thereof in a dilapidated or
dangerous condition to be unsafe or unsuitable for human occupancy.
Inadequate or inoperable mechanical, electrical, plumbing, or
sanitation;
Lack of sound and effective exterior walls or roof covering
to provide weather protection;
Lack of structural integrity, including deteriorated or inadequate
foundations, joints, vertical or horizontal support;
Broken, missing or inoperable windows, doors constituting a
hazardous condition or potential attraction to trespassers;
Broken, deteriorated structures presenting a risk to public
safety.
An abandoned building, manufactured home, or structure that
violates health, safety, or sanitation requirements and/or economic
value preservation of properties, such as:
An unoccupied and unsecured building or structure;
A partially constructed, partially reconstructed, or partially
demolished building or structure where work is abandoned for a period
of 180 days;
A manufactured home that is damaged, extensively deteriorated,
does not have approved utilities, water, and septic service, or is
deteriorated or is being used as other than residential occupancy.
Any dwelling for human habitation with conditions that are
dangerous or injurious to the health, safety or morals of the occupants
of such dwelling, the occupants of neighboring dwellings or other
residents in the City, as determined by the Building Official. Such
conditions may include the following, without limiting the generality
of the foregoing: defects increasing the hazards of fire, accidents
or other calamities; lack of adequate ventilation, light or sanitary
facilities; dilapidation; disrepair; structural defects; uncleanliness;
and breeding areas for insects or vermin.
Any building/structure which has been determined to be unsafe
by the Building Official or his designee. A vacant structure that
is not secured against entry shall be deemed unsafe.
The Building Official is hereby authorized and directed to exercise
the powers prescribed in this chapter. He may exercise such powers
as may be necessary or convenient to carry out and effectuate the
purpose and provisions of this chapter, including the following powers,
in addition to others granted by this chapter or the enabling legislation:
A.
To investigate building/structure conditions in the City in order
to determine whether the building/structure is unsafe.
B.
To investigate dwelling conditions in the City in order to determine
whether dwellings therein are unfit for human habitation.
C.
To administer oaths and affirmation, examine witnesses and receive
evidence.
D.
To enter into and upon any property located within the City, with
proper credentials, for the purpose of inspecting and enforcing the
provisions of this Code, provided such entries are made in such manner
as to cause the least possible inconvenience to the persons in possession.
If the responsible party, owner, occupant or the agent of any owner
of occupant of any property located within the City refuses to allow
inspection of such property, the City is authorized to seek an administrative
order or search warrant from any authorized judicial officer having
jurisdiction over subject property.
All structures found to be maintained in violation of any one
or more of the provisions of this chapter are hereby determined to
be public nuisances and shall be abated by alteration, repair, rehabilitation,
demolition or removal in accordance with the procedures specified
hereinafter.
A.
Whenever a complaint is made with the Community Development Department
by the City Council, or authorized City personnel, or a public authority,
or a petition is filed by at least five residents of the City, charging
that any building/structure is unsafe and/or that any dwelling is
unfit for human habitation, or any lot or property in the municipality
is not clean and free of rubbish, debris and other unhealthy and unsightly
material so as to constitute a public nuisance, the Building Official
shall establish by his own investigation that the building/structure
is unsafe and/or that the dwelling is unfit for human habitation or
the lot or property in the municipality is not clean and free of rubbish,
debris and other unhealthy and unsightly material and constitutes
a public nuisance.
B.
If his preliminary investigations disclose a basis for such charges
and the uninhabited and/or in habited building/structure or portion
thereof is found to be a public nuisance and/or unfit dwelling, as
defined in this chapter, he shall commence proceeding to cause the
alteration, repair, rehabilitation, demotion or removal of the building
or structure.
A.
Unsafe buildings/structures. The Building Official shall issue a
notice and order directed to the owner or party in interest of the
unsafe building/structure stating the defects thereof. This notice
shall require the owner or party in interest of the unsafe building/structure
or premises within 30 days to commence either the required alterations,
repairs, improvements, demolition or removal of the unsafe building/structure
or portions thereof, and all such work shall be completed within such
period of time as the Building Official shall determine to be reasonable
to accomplish the work, which period shall be stated in the notice.
If necessary, such notice shall also require the unsafe building/structure
or portion thereof not to be used until the required repairs and improvements
are completed, inspected and approved by the Building Official.
B.
Unfit dwellings.
(1)
The Building Official shall issue and cause to be served upon the
owner of and all parties in interest in such dwelling a complaint
stating the charges that the dwelling has been found to be unfit and/or
a public nuisance and containing a notice that a hearing will be held
before the Building Official or his designated agent at a place therein
fixed not less than 10 days nor more than 30 days after the serving
of such complaint; that the owners and parties in interest shall be
given the right to file an answer to the complaint and to appear in
person or otherwise and 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 Building
Official.
(2)
If, after such notice and hearing, the Building Official determines that the dwelling under consideration is unfit for human habitation, he shall state, in writing, his findings of fact in support of such determination and shall issue and cause to be served upon the owner thereof an order as described in § 123-30A.
A.
Service of the notice and order shall be made upon the owner or party
in interest either personally or by:
(1)
Mailing a copy of such notice and order, by certified mail, to each
owner of or party in interest in the property as indicated by the
records of the County Tax Assessor; or
(2)
If no address so appears or is known to the Building Official, a
copy of the notice and order shall be mailed to the owner or party
in interest at the address of the unsafe building/structure and/or
unfit dwelling, and a copy of the notice shall also be posted in a
conspicuous place on the unsafe building/structure and/or unfit dwelling.
B.
The failure of any such person to receive such notice shall not affect
the validity of any proceedings taken under this chapter. Service
by certified mail in the manner herein provided shall be effective
on the date of mailing. The receipt card, return and acknowledgment
of receipt by certified mail shall be affixed to the copy of the notice
and order retained by the Building Official.
A.
The Building Official shall cause to be posted at the main entrance
of such an uninhabited, unsafe building/structure a notice to read:
"DANGER — THIS BUILDING/STRUCTURE IS DECLARED UNSAFE." Such
notice shall remain posted until the required repairs, demolition
or removal is completed. Such notice shall not be removed without
written permission of the Building Official, and no person shall enter
this unsafe building/structure except for the purpose of making repairs
required or demolition of the unsafe building/structure.
B.
The Building Official shall cause to be posted at the main entrance
of such an inhabited or uninhabited, unfit dwelling a notice to read:
"THIS BUILDING IS UNFIT FOR HUMAN HABITATION; THE USE OR OCCUPATION
OF THIS BUILDING FOR HUMAN HABITATION IS PROHIBITED AND UNLAWFUL."
If, at the expiration of any time limit and the notice provided for in § 123-30, the owner or party in interest has not complied with the requirements thereof, the Building Official may recommend abatement in accordance with the provisions set out hereinafter.
A.
Notice of public hearing. Notwithstanding any other provision of
this chapter, when the whole or any part of any uninhabited building/structure
or unfit dwelling is found to be in a dangerous or unsafe condition,
the Building Official, having ascertained that the time for providing
a notice has expired and that the nuisance has not been abated, shall
issue a notice to each owner of record or party in interest of record
in whose name the property appears on the last local tax assessment
record.
(1)
If the Building Official has determined that the structure is in
a condition that would require demolition, the owner of record or
party in interest may appeal the decision before the City Council
and show cause why the building/structure or dwelling should not be
demolished.
(2)
In matters other than demolition of a structure, the owner of record
or party in interest shall appeal the Building Official's decision
before the Construction Board of Adjustments and Appeals and show
cause why the building/structure should not be abated or otherwise
made safe.
(3)
Notice shall be given to the parties in the same manner as provided for in § 123-31 of this chapter to appear at the hearing on the date, time and place specified in the notice, which shall not be less than 10 days after the mailing of this notice. When the whereabouts of such persons are unknown and cannot be ascertained by the Building Official in the exercise of reasonable diligence, then the serving of such complaint upon or order upon such person shall be made by publishing it once every week for two consecutive weeks in a newspaper of general circulation printed and published in the county.
B.
Hearing. City Council or the Construction Board of Adjustments and
Appeals shall conduct the hearing at the time and location fixed by
the complaint and notice.
C.
Failure to appear. Failure of any person to appear at the hearing
set in accordance with the provisions of this chapter shall constitute
a waiver of his rights to the administrative hearing on the notice.
D.
Scope of hearing. The hearing shall offer the owner or party in interest
the opportunity to be heard on only those specified matters or issues
raised by the notice of violation. The owner or party in interest
may appear at the hearing in person or through an attorney or other
designated representative.
E.
Staying of notice under appeal. Any notice issued by the Building
Official under the provisions of this chapter shall be held in abeyance
during the course of an appeal.
F.
Provisions for hearing appeals.
(1)
Rules. A hearing shall not be required to be conducted in accordance
with the technical rules regulating evidence and testimony prevailing
in courts of law or equity. The Construction Board of Adjustments
and Appeals may grant continuances for good cause.
(2)
Oaths; affirmations. In any proceeding under this chapter, any member
of City Council or the Construction Board of Adjustments and Appeals
shall have the power to administer oaths and affirmations and certify
official acts.
(3)
Evidence. Relevant evidence shall be admitted if it is the type on
which responsible persons are accustomed to rely in the conduct of
serious affairs, regardless of the existence of any common law or
evidence over objections in civil courts.
(4)
Inspections. City Council or the Construction Board of Adjustments
and Appeals may inspect any uninhabited, unsafe building/structure
or unfit dwellings or premises involved in a hearing during the course
of the hearing, provided the following are complied with:
(5)
Recourse. If the owner or party in interest is aggrieved by the decision
of City Council or the Construction Board of Adjustments and Appeals,
nothing in this chapter shall be construed as depriving him of seeking
redress in civil or other applicable courts. Said appeal must be filed
within 30 days from the effective date of the final decision.
A.
Failure to commence work. Whenever the required repair, vacation or demolition is not commenced within 30 days after the effective date of the City Council or Construction Board of Adjustments and Appeals order, the City may cause the uninhabited, unsafe building/structure or unfit dwelling to be repaired to the extent required to render it safe; or if the notice requires demolition, to cause the uninhabited, unsafe building/structure or unfit dwelling to be demolished and all debris to be removed from the premises, as described in § 123-32B and C.
B.
Order to correct. The order for such entry to correct the conditions
specified shall be done by the Mayor and Council of the City of Walhalla.
C.
Petition to demolish. If the owner fails to comply with an order
to remove or demolish an unsafe building/structure or unfit dwelling,
the Building Official may petition the courts to cause such structure
or dwelling to be removed or demolished. If the City, in demolishing
unsafe buildings/structures or unfit dwellings, as permitted by this
section, contracts with a third party not employed by the City to
do the work, it must bid the work in conformity with the City's
procurement code.
If the owner or party in interest of any uninhabited building/structure or unfit dwelling which has been condemned as unsafe or unfit by the Building Official, after being notified by the Building Official, in writing, of the unsafe building/structure or unfit dwelling, shall permit it to stand or continue in that condition, he shall be subject to penalties as prescribed by § 223-29, Violations and penalties, of the City of Walhalla Code of Laws for each day such unsafe building/structure continues in such condition after such notice. The costs of repair or demolition shall be borne by the owner or party in interest to the extent permitted by law.
City Council may direct the expenditure of public resources to abate the nuisance condition. The cost of abatement shall include an administrative assessment of $250, any attorney's fees and costs, in addition to the actual cost of labor and materials expended in public abatement. The person shall be served with a notice of assessment within seven days of the completion of the abatement. The notice of assessment shall include the administrative fee and a statement of public cost, attested to by affidavit, and shall be issued and served, as provided in § 123-31, upon the person responsible for payment, who shall make payment within 30 days of the date of service. Upon the expiration of the thirty-day period, if the amount has not been paid in full or contested before City Council, the City Council may direct that a lien upon the real estate, in that amount, be filed with the County Clerk of Court or Register of Deeds and with the City Clerk that shall be collectible in the same manner as municipal taxes. The lien shall be of record in the county courthouse until paid or recovered or otherwise released.
