Section
10.301 Accumulations prohibited
10.302 Same; summons for failure to maintain lots
10.303 Same; how summons given
10.304 Same; failure to clean declared a misdemeanor; penalty
10.305 Slum and blighted areas
Editor’s note:
This authority derives from S.C. Code § 5-7-80 and generally accepted municipal practices.
It shall be unlawful for any person, firm or corporation to maintain or to permit to be maintained any vacant lots, improved or unimproved premises or land upon which grass, weeds, undergrowth, trash, garbage, offal, stagnant water, building materials, glass, wood, junk or other matter deleterious to good health and public sanitation which is permitted or caused to accumulate in any manner which is or may become a nuisance causing injury to the health or welfare of the residents or the public in the vicinity or causing injury to neighboring property.
(Prior Code, § 10.301)
The Chief of Police is hereby authorized to summon the owner of such premises. If, after fully hearing the matter and any statement the owner may make and any testimony he or she may offer on his or her behalf concerning such matter, the Chief should find such premises or lot in a condition tending to injure the public health, he or she shall issue a written order or notice directed to the owner, directing and requiring him or her within a reasonable and specified time to clear such premises or lot in order to abate such nuisance.
(Prior Code, § 10.302)
The notice shall be served on the owner to whom it is directed or by certified mail, return receipt requested, addressed to such owner at his or her last known post office address. In the event personal service cannot be made and the owner’s address is unknown, such notice shall be given by publication at least two times within 15 consecutive days in a local newspaper of general circulation.
(Prior Code, § 10.303)
a. Any person, firm or corporation who shall fail to comply with an order to remove said property shall be served an ordinance summons to appear before the Magistrate, as provided in § 14.101 of this code.
b. Upon conviction, any person, firm or corporation shall be guilty of a misdemeanor and subject to such fine as may be imposed by the Magistrate.
(Prior Code, § 10.304)
a. The definition of a “slum and blighted area” below is adopted for purposes of designating areas, making application for funds and expenditure of funds for the improvement, preservation, conservation or redevelopment of such areas as may be identified by resolution of Council describing the area and identifying the conditions which meet the standards in the definition.
b. In accordance with state law, a
SLUM AND BLIGHTED AREA means any improved or vacant area within identified boundaries located within the territorial limits of the municipality where:
1. The area consists of improved industrial or commercial, and residential buildings or improvements, which because of a combination of five or more of the following factors (one of the factors must be item b.1.(f) or b.1.(j) are detrimental to the public safety, health, morals or welfare, within the area:
(a) Age of buildings (defined as at least 50 years old);
(b) Dilapidation so as not to be suitable as a residence or place of business;
(c) Obsolescence;
(d) Deterioration;
(e) Illegal use of individual structure;
(f) Presence of structures below locally adopted code standards (defined as 25% of structures within the designated area);
(g) Excessive vacancies;
(h) Overcrowding of structures and community facilities;
(i) Lack of ventilation, light or sanitary facilities;
(j) Deterioration of public facilities;
(k) Excessive land coverage;
(l) Deleterious land use or layout;
(m) Depreciation of physical maintenance; and
(n) Lack of community planning.
2. If vacant, the sound growth is impaired by:
(a) A combination of two or more of the following factors:
i. Obsolete platting of the vacant land;
ii. Diversity of ownership of such land;
iii. Tax and special assessment delinquencies on such land; or
iv. Deterioration of structures of site improvements in neighboring areas adjacent to the vacant land.
(b) The area immediately prior to becoming vacant qualified as a slum and blighted area.
(Ord. 2006-8, passed 9-11-2006)