§ 5-1-33.3 NOTICE OF NONCOMPLIANCE.
   After the Building Inspector has inspected or caused to be inspected a building, structure or portion thereof and has determined that such building, structure or portion thereof is unsafe, he shall initiate proceedings to cause the abatement of the unsafe condition by repair, vacation or demolition or combination thereof. The Building Inspector shall prepare and issue a notice of unsafe building directed to the owner of record of the building or structure. The notice shall contain, but not be limited to, the following information:
   (A)   The street address and legal description of the building, structure or premises.
   (B)   A statement indicating the building or structure has been declared unsafe by the Building Inspector, and a detailed report documenting the conditions determined to have rendered the building or structure unsafe under the provision of this code.
   (C)   A statement advising that if the following required action as determined by the Building Inspector is not commenced within or completed by the time specified, the building will be ordered vacated and posted to prevent further occupancy until the work is completed.
      (1)   If the building or structure is to be repaired, the notice shall require that all necessary permits be secured and the work commenced within sixty (60) days and continued to completion within such time as the Building Inspector determines. The notice shall also indicate the degree to which the repairs must comply with the provisions of the International Building Code and all related codes as passed by the South Carolina Building Codes Council, in accordance with § 5-1-33.7.
      (2)   If the building or structure is to be vacated, the notice shall indicate the time within which vacation is to be completed.
      (3)   If the building or structure is to be demolished, the notice shall require that the premises be vacated within sixty (60) days, that all required permits for demolition be secured and that the demolition be completed within such time as determined reasonable by the Building Inspector.
      (4)   A statement advising that any person having any legal interest in the property may appeal the notice by the Building Inspector to the Board of Governors as appointed by the City Council; and that such appeal shall be in writing and shall be filed with the Code Enforcement Director within thirty (30) days from the date of the notice and that failure to appeal in the time specified will constitute a waiver of all rights to an administrative hearing.
   (D)   The notice and all attachments thereto shall be served upon the owner of record and posted on the property in a conspicuous location. A copy of the notice and all attachments thereto shall also be served on any person determined from official public records to have a legal interest in the property. Failure of the Building Inspector to serve any person herein required to be served other than the owner of record shall not invalidate any proceedings hereunder nor shall it relieve any other person served from any obligation imposed an him.
   (E)   The notice shall be served either personally or by certified mail, postage prepaid, return receipt requested, to each person at the address as it appears on the official public records. If addresses are not available on any person required to be served, the notice addressed to such person shall be mailed to the address of the building or structure involved in the proceedings. The failure of any person to receive notice, other than the owner of record, shall not invalidate any proceedings under this section. Service by certified or registered mail as herein described shall be effective on the date the notice was received as indicated on the return receipt.
   (F)   Proof of service of the notice shall be by written declaration indicating the date and manner in which service was made and signed by the person served on by the return receipt.
(Ord. 08-30, passed 1-12-2009)