(A) Complaints. Whenever a violation of this Zoning Ordinance occurs, or is alleged to have occurred, the Zoning Administrator or other administrative official shall record and investigate such complaint, and take such action as provided by this Zoning Ordinance. Complaints may be filed in writing or verbally, stating fully the cause and basis thereof.
(B) Penalties generally. Where any building, structure or sign is or is proposed to be erected, constructed, reconstructed, altered, converted or maintained, or any building, structure, sign or land, or is proposed to be used in violation of this Zoning Ordinance, the Zoning Administrator may in accordance with the provisions of S.C. Code § 56-7-80, as amended, issue an ordinance summons, or institute an injunction, mandamus, or other appropriate action or proceeding to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance, or use; or to correct or abate the violation or to prevent the occupancy of the building, structure or land. Each day such unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use continues shall be deemed a separate offense.
(C) Specific remedies. Specific remedies for the violation of any provision of this Zoning Ordinance include the following:
(1) Permit revocation. The Zoning Administrator or other administrative official may revoke any zoning permit issued by staff after written notification to the permit holder when violations of this Zoning Ordinance have occurred, when false statements or misrepresentations were made in securing the permit, work is being or has been done in substantial departure from the approved application or plan, or a permit has been mistakenly issued in violation of this Zoning Ordinance.
(2) Stop work orders. Whenever a building, structure or part thereof is being constructed, demolished, renovated, altered, or repaired in substantial violation of any applicable provision of this Zoning Ordinance, the Zoning Administrator or other administrative official may order the specific part of the work that is in violation, or would be when the work is completed, to be immediately stopped. The stop work order shall be in writing; directed to the person doing the work, and shall state the specific work to be stopped, the specific reasons for cessation and the action(s) necessary to lawfully resume work.
(3) Criminal penalties. Any person violating any provision of this Zoning Ordinance shall upon conviction be guilty of a misdemeanor and shall be fined as determined by the court for each offense.
(4) Injunction. Enforcement of the provisions of this Zoning Ordinance may also be achieved by injunction. When a violation occurs, the Zoning Administrator or other administrative official may, either before or after the institution of other authorized action, apply to the appropriate division of court for a mandatory or prohibitory injunction commanding the defendant to correct the unlawful condition or cease the unlawful use of the property.
(5) Order of abatement. In addition to an injunction, the Zoning Administrator or other administrative official may apply for and the court may enter into an order of abatement as part of the judgment in the case. An order of abatement may direct any of the following actions:
(a) Buildings or other structures on the property be closed, demolished, or removed;
(b) Fixtures, furniture or other moveable property be moved or removed entirely;
(c) Improvements, alterations, modifications or repairs be made; or
(d) Any other action be taken that is necessary to bring the property into compliance with this Zoning Ordinance.
(6) Withholding approvals. Any violation of this Zoning Ordinance shall constitute grounds for withholding new building permits directly related to said violation until the violation has been corrected, including the payment of all fines and fees and the planting of all trees and vegetation required as mitigation.
(D) Penalties for landscape, tree conservation and buffer violations.
(1) Where any landscaping, buffering, tree conservation or open space violation has occurred or is proposed to occur, the Zoning Administrator or Urban Forester may, in accordance with the provisions of S.C. Code § 56-7-80, as amended, issue an ordinance summons, or institute injunction, mandamus, or other appropriate action or proceeding to prevent such unlawful action, or to correct or abate the violation or to prevent the occupancy of any building, structure or land associated with the violation. In addition to any other remedies for penalties in general specified herein, the following remedies shall apply for these types of violations:
(a) If a significant tree is approved for removal and if the planting of a replacement tree is not possible per the provisions of § 157.141-Tree Conservation, a fee in an amount of no less than $250 per tree as established by the City of Camden Fee Schedule shall be assessed against the property owner for each tree not planted.
(b) Failure to plant replacement trees in accordance with this Zoning Ordinance as required by the provisions of § 157.141-Tree Conservation shall be subject to a fee in an amount of no less than $500 as established by the City of Camden Fee Schedule for each tree not planted. No fine shall be assessed until the person or entity alleged to be in violation has been notified of the violation. Such notification shall identify the nature of the violation and shall set forth the measures necessary to achieve compliance; shall specify a date by which the person or entity must comply; and shall advise that failure to correct the violation within the time specified will subject that person or entity to any and all remedies including fines as outlined in this Zoning Ordinance. If the site is not brought into compliance within the time specified in the notice of violation, a fine may be assessed from the date the notice of violation is received. The failure to plant each individual tree shall constitute a separate, daily and continuing violation.
(c) The willful, purposeful or negligent removal of a significant tree before, during or after development shall be assessed in accordance with generally accepted industry evaluation methods such as those in the Guide for Plant Appraisal authored by the Council of Tree and Landscape Appraisers and published by the International Society of Arboriculture. However, the maximum fine for each tree removed shall not exceed $20,000. No notice of violation is needed prior to the assessment of a fine issued pursuant to this division.
(d) Irreparable injury or damage to, or destruction of trees protected by § 157.141
-Tree Conservation that result in the total loss of the tree shall be assessed in accordance with generally accepted industry evaluation methods such as those in the Guide for Plant Appraisal authored by the Council of Tree and Landscape Appraisers and published by the International Society of Arboriculture. However, the maximum fine for each tree irreparably injured, damaged or destroyed shall not exceed $20,000. No notice of violation is needed prior to the assessment of a fine issued pursuant to this division.
(e) Injury or damage to trees protected by § 157.141
-Tree Conservation that do not result in the total loss of the tree(s) shall be assessed for each tree in accordance with generally accepted industry evaluation methods such as those in the Guide for Plant Appraisal authored by the Council of Tree and Landscape Appraisers and published by the International Society of Arboriculture. However, the maximum fine shall not exceed $1,000. No notice of violation is needed prior to the assessment of a fine issued pursuant to this division.
(f) The fine for failure to install or maintain required tree protection measures in accordance with §157.141-Tree Conservation shall not exceed $1,000. No fine shall be assessed until the person or entity alleged to be in violation has been notified of the violation. Such notification shall identify the nature of the violation and shall set forth the measures necessary to achieve compliance; shall specify a date by which the person or entity must comply; and shall advise that failure to correct the violation within the time specified will subject that person to any and all remedies including fines as outlined in this Zoning Ordinance. If the site is not brought into compliance within the time specified in the notice of violation, a fine may be assessed from the date the notice of violation is received. The failure to install the required tree protection measures shall constitute a separate, daily and continuing violation. Injury or damage to, or destruction of, significant trees required to be protected resulting from inadequate or omitted tree protection measures constitute a separate violation which may subject the violator to penalties and fines as well.
(2) Issuance of a fine or penalty does not relieve any party of complying with the mitigation requirements set forth in this subchapter.
(3) All fees collected shall be deposited into the City of Camden Tree Fund.
(E) Establishment of the City of Camden Tree Fund. All fines and fees collected pursuant to the provisions of division (D) of this section shall be recorded and maintained in a special account to be known as the City of Camden Tree Fund. All such funds and accrued interest shall be used only for the purpose of funding the installation, maintenance and management of trees on public property within the city. The city shall maintain financial records of the Tree Fund including revenues and disbursements from the Fund.
(F) Expiration of building permits/incomplete buildings.
(1) If the work described in any building permit has not begun within six months from the date of issuance thereof, said permit shall expire; it shall be canceled and written notice thereof shall be given to the persons affected. Furthermore, a building permit shall expire 12 months after the date of issuance. After expiration a new permit must be purchased.
(2) The completion date for every building project must be stated on the building permit but in no case shall it exceed 12 months from the date of issuance unless a longer period is allowed by the Zoning Administrator. If a building has not been completed within 12 months of the date of the permit, then the building shall be classified as an “incomplete structure” and shall be in violation of this chapter. Under special or unusual circumstances an extension may be allowed by the Zoning Administrator.
(3) The owner or responsible party of any building under construction or existing incomplete building projects which are classified as an “incomplete structure” shall be notified in writing by the Zoning Administrator that he is in violation of this chapter. The owner will be required within six months of notification to complete the exterior walls of the building: exterior siding, trim, columns and handrails; walks; grading; planting of grass and landscaping; removal of all trash and debris; placement of any construction materials into the rear yard; etc. Failure to comply within this six month notification period shall subject the owner to penalties as specified in § 157.212(B) through (D).
(Ord. 15-002, passed 2-24-15; Am. Ord. 2016-003, passed 3-8-16)