It is the purpose of the provisions of this code to establish procedures for identification and registration of vacant commercial and industrial buildings; determining the responsibilities of owners of vacant commercial and industrial buildings; and providing for administration, enforcement and penalties.
(A) Scope. The provisions of this code shall apply to all vacant commercial and industrial buildings within the jurisdiction of the city limits of Dillon. The City Manager or his designee shall be responsible for carrying out the provisions of this code.
(B) Definitions. Unless otherwise expressly stated, the following terms shall, for the purposes of this code, have the meanings shown in this section. Where terms are not defined, through the methods authorized by this section, such terms shall have ordinarily accepted meaning such as the context implies.
CITATION. A charge or formal written accusation enforced of violation of a municipal, state or federal law, regulation or ordinance, including any violations of the International Building Code and related codes as adopted and amended by the South Carolina Building Codes Council.
CODE VIOLATION. Violation of any code adopted and/or enforced by the city, which may include but not be limited to the City of Dillon Code of Ordinances or International Building Codes and related codes as adopted and amended by the South Carolina Building Codes Council.
COURTESY REGISTRATION. Notification by mail to the Code Enforcement Department notifying the city of an extended vacancy of sixty (60) days or more of a primary residence for work, vacation, military or a medical reason.
NUISANCE. A lot, plot, or parcel of land, including the buildings or structures theron of which harbor unsanitary conditions such as but not limited to obnoxious hazardous odors and/or harmful bacteria detrimental to the life, health and safety of the public.
OWNER. Any person, firm or corporation having a legal or equitable title in the property, or recorded in the official records of the state, county or municipality as holding title.
PREMISES. A lot, plot, or parcel of land, including the buildings or structures thereon.
RESPONSIBLE LOCAL REPRESENTATIVE. A person having his or her place of residence or business within forty-five (45) miles of the vacant building and designated by the property owner as the agent responsible for operating such property in compliance with the ordinances adopted by the city. For the purposes of this section, the term "agent" shall refer to the responsible local representative.
SECURE. A building or portion of a building is closed or locked for entry by normal means other than boarding.
UNOCCUPIED. A building which is not being used for a legal occupancy. For the purpose of this section, individual permitted commercial/residential rental room space(s) therein shall not be deemed as separate individual building(s).
VACANT BUILDING. Any commercial or industrial structure built for occupancy of residential, commercial or industrial uses that is unoccupied for more than sixty (60) days. (With respect to all premises in the city, the period used for calculating a vacancy shall be deemed to have commenced as of July 11, 2022 regardless of any period of vacancy prior to such date).
VACANT BUILDING; CATEGORICAL CLASSIFICATION STANDARDS. A building or portion of a building which is:
(a) Category I. No current code violations on the structure or the premises.
1. The building is secure, not boarded.
2. The building is structurally sound with no code violations.
3. The premises is maintained in compliance with Dillon City Code by owner or responsible party.
(b) Category II. Minimal code violations.
1. The building is secure and boarded in compliance with the City of Dillon Code of Ordinances as amended and adopted by Dillon City Council.
2. The building is structurally sound with minor code violations.
(c) Category III. Severe code violations.
1. The building is harboring feces of bats and/or birds such as but not limited to droppings, parasites, fungus, harmful bacteria, unsanitary conditions and hazardous odors detrimental to the life, health and safety of the public.
2. Structural deficiencies are evident.
3. History of criminal activity.
4. Illegally occupied.
(C) Registration of vacant commercial and industrial buildings.
(1) Except as provided in division (C)(2) below, all vacant buildings shall be registered with the Code Enforcement Department within ten (10) days of becoming vacant as defined in § 5-1-34(B). Registration is valid for twelve (12) months and must be renewed annually from date the building became vacant.
(2) Exemptions from registration can be granted for the following situations upon notification in writing to the Code Enforcement Director:
(a) Buildings that are actively being marketed for sale or rent. Must be maintained to minimum code for the duration on the market. Satisfactory evidence to include but not limited to a multiple listing service (MLS) information or published advertisements offering the property on the market (up to one (1) year, longer by appeal);
(b) Buildings that are actively being renovated. Repairs and progression must be noticeable by the City of Dillon Building Inspector or authorized representative(s) (up to one (1) year, longer by appeal);
(c) Buildings that serve as a primary residence in which the owner is away for an extended period of time for work, vacation, military or medical reason. Building and property must be maintained to minimum code. Requires a courtesy registration;
(d) Government owned buildings; and/or
(e) Buildings that are structurally deficient that have been ordered by the city to be demolished and removed, in which the owner has provided consent to the city to demolish, and the city has accepted the consent. Liens are to be placed against the property to cover the cost of demolition pursuant to § 5-1-33.19 of the City of Dillon Code of Ordinances.
(3) If the building is vacant at the expiration of any registration period, the owner shall re-register such building and pay the annual registration and inspection fees.
(4) The owner registering a vacant building shall supply the following information on an authorized form provided by the Code Enforcement Department:
(a) Name, address, and telephone number of the owner;
(b) Name, address and telephone number of any responsible party, if applicable;
(c) Name, address and telephone number of any local agent or representative of the owner, required if the owner's residence or business address is more than forty-five (45) miles from vacant building;
(d) Name, address and telephone number of all persons with any legal interest in the property, building or premises including mortgagees and successors in interest;
(e) Legal description and tax parcel identification number of the premises on which the building is situated;
(f) The common address of the building;
(g) Date on which the building became vacant along with any supporting documentation; and
(h) Vacant building plan in accordance with § 5-1-34(D).
(5) Following the registration of the vacant building, the City of Dillon Building Inspector and/or authorized representative(s) shall conduct a complete inspection of the property and premises to determine any code violations or nuisances and report such findings to the Code Enforcement Director in order to verify the vacant building category.
(a) A status report will be provided to the owner of the building with the findings and current condition of the property.
(b) It will include any found violations and assign a category to the building.
(6) All vacant buildings must remain secure and/or boarded in accordance with related City of Dillon Code of Ordinances as adopted and amended by Dillon City Council. Not withstanding any provision of this code it shall be unlawful for any person to cover the window or door openings of any building with any material other than window or door materials conforming with the provisions of the latest edition of the International Building Code and related codes as approved and amended by the South Carolina Building Codes Council without first obtaining a City of Dillon building permit and/or approval from the City of Dillon Board of Architectural Review for buildings located within the designated Commercial Historic Overlay District.
(7) Owner shall post "No Trepass" placards on the premises. Additional employment of security services for the premises for a specified number of hours every day may be required by the Police Chief or his or her designee on the basis of the premises history of code and/or criminal violations.
(8) Vacant building owners must designate a responsible local representative ("agent") if their place of residence or business is more than forty-five (45) miles from the vacant building. The responsible local representative shall act as agent for the property owner for purposes of accepting legal service; however, the vacant building owner remains personally liable in criminal prosecutions for code violations. The responsible local representative must be available at the number listed at all times in the event of an emergency or catastrophe.
(D) Establishment of vacant building plan.
(1) When a building is registered as required by this chapter, the owner shall submit, or cause to be submitted, for approval a vacant building plan. The plan shall contain the following:
(a) The reasonably expected period of vacancy;
(b) A plan to make the building ready for occupancy with sufficient detail regarding the proposed repair and/or rehabilitation of the building to enable the City of Dillon Building Inspector and/or authorized representative(s) to determine the adequacy of such plan;
(c) A notarized letter of written consent by the owner allowing city officials to enter and inspect the premises for the period in which the vacant building plan is in effect;
(d) For buildings or structures which are identified as being or containing public nuisances, then the vacant building plan shall contain a plan of action to remedy such public nuisances;
(e) For each required plan, a time schedule shall be submitted identifying a date of commencement of repair and/or rehabilitation and schedule for completion of repair and/or rehabilitation for each building or structure identified nuisance;
(f) When the owner proposes to occupy, sell, lease or demolish the vacant building, then the owner shall submit a plan and time schedule for such action; and
(g) A plan of action to secure, monitor and maintain the building and premises thereof in conformance with the provisions of this section.
(h) The vacant building plan shall be submitted to the City of Dillon Code Enforcement Department.
(2) If the property is subject to a vacant building plan and the plan has been properly approved by city officials, the transferee is subject to the terms of the vacant building plan. The transferee may apply to the city to be released from the requirements of the vacant building plan.
(E) Vacant building fees.
(1) Annual registration fees are based on the number of years that a building has been vacant (after the effective date of this section). All fees are due at the time of registration or renewal. The fees are as follows for all structures:
(a) Initial registration: $200.
(b) First annual renewal: $500.
(c) Second annual renewal: $500.
(d) Third annual renewal: $1,000.
(e) Each year thereafter is: $1,000.
(2) An annual compliance inspection fee of fifty dollars ($50) is required on all vacant buildings. The fee shall be paid at the time of registration.
(3) Upon determination of a vacant building that hasn't been registered in accordance with this section, additional penalties may apply in addition to the fees due at time of registration or renewal in accordance to § 5-1-34(F).
(4) Delinquent registration fees as a lien. After the owner is given notice of the amount of the registration fee due, except for those owners that have properly perfected an appeal pursuant to § 5-1-34(I), and the owner fails to pay the amount due, said amount shall constitute a debt due and owing to the city, and the city may commence a civil action to collect the unpaid debt.
(5) If a vacant building becomes occupied within sixty (60) days following an annual registration date and remains occupied for at least six (6) months, the owner of the vacant building can appeal to have the most recent annual registration fee refunded. This excludes any fees from penalties, initial registration or compliance inspections.
(F) Enforcement and penalties.
(1) Upon determination that a vacant building owner has failed to register or update information in accordance with this section, an administrative penalty of five hundred dollars ($500) in addition to the registration fee will be assessed if not in compliance within eleven (11) days after notice.
(2) Failure by the owner to submit a vacant building plan or comply with a vacant building plan that has been approved by the city under this section or pay the fees as required under this section is a violation of the code and may be remedied by any of the following:
(a) An administrative penalty of five hundred dollars ($500); or
(b) Acquisition of the property by eminent domain in accordance with state law.
(G) Acquisition of vacant buildings by eminent domain. The city may acquire by eminent domain pursuant to applicable state law, any premises determined to be vacant and a persistent nuisance, and shall have the power to hold, clear, manage or dispose of premises so acquired for residential, commercial, industrial and related use.
(H) Violations. Any person violating any provision of this section shall be deemed guilty of an offense and shall be subject to a fine of up to five hundred dollars ($500) or imprisonment for not more than thirty (30) days upon conviction. Each day of violation shall be considered a separate offense. Punishment for violation shall be considered a separate offense. Punishment for violation shall not relieve the offender of liability for delinquent penalties and costs provided for herein.
(I) Appeal. Any person aggrieved by the requirements of this section may seek administrative appeal to the City of Dillon Board of Governors. Any person aggrieved by a final decision issued under this section by the City of Dillon Board of Governors, may seek relief in any court of competent jurisdiction as provided by the law.
(Ord. 22-03, passed 5-9-2022)