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The provisions of §§ 5-1-33 through 5-1-33.19 shall apply to all unsafe buildings or structures, as herein defined, and shall apply equally to new and existing conditions. The provisions included within the following sections shall constitute and be known and may be cited as the "Unsafe Building Abatement Regulation," hereinafter referred to as "this code."
(Ord. 08-30, passed 1-12-2009)
Words not defined herein shall have the meanings stated in the latest edition of the International Building, Residential, Plumbing, Mechanical, Energy Conservation, Fire, Fuel Gas and National Electrical Codes with SC modifications as adapted by the South Carolina Building Codes Council.
BUILDING. Any structure having a roof supported by columns or walls and intended for the shelter, housing or enclosure of persons, animals, chattels, equipment, property or any use or occupancy of any kind. The term BUILDING shall be construed as if followed by the words "or part thereof." For the purpose of this code each portion of a building separated from other portions by a fire wall shall be considered a separate building.
BUILDING INSPECTOR. The officer or other designated authority charged with the administration and enforcement of this chapter, or his duly representative.
DWELLING. Any building or structure, or part thereof, used and occupied for human habitation or intended to be so used and includes any outhouses and appurtenances belonging thereto or usually enjoyed therewith.
OFFICE OF THE RECORDER. Dillon County Clerk of Court.
OWNER. Any person, agent, firm or corporation having a legal or equitable interest in the property.
STRUCTURE. Anything constructed or erected, the use of which requires location on the ground or attachment to the ground, including buildings, factory built housing, signs, mobile and portable signs, but excluding minor landscaping features such as ornamental pools, planting boxes, bird baths, paved surfaces, walkways, driveways, recreational equipment, flagpoles, and mailboxes.
UNSAFE BUILDING. Any building or structure that has any of the following conditions, such that the life, health, property or safety of it's occupants or the general public are endangered:
(1) Any means of egress or portion thereof is not of adequate size or is not arranged to provide a safe path of travel in case of fire or panic.
(2) Any means of egress or portion thereof, such as but not limited to fire doors, closing devices and fire resistive ratings, is in disrepair or in a dilapidated or nonworking condition such that the means of egress could be rendered unsafe in case of fire or panic.
(3) The stress in any material, member or portion thereof, due to all imposed loads including dead load exceeds the stresses allowed in the International Building and International Residential Codes for new buildings.
(4) The building, structure or portion thereof has been damaged by fire, flood, earthquake, wind or other cause to the extent that the structural integrity of the building or structure is less than it was prior to the damage and is less than the minimum requirement established by the International Building and International Residential Codes for new buildings.
(5) Any exterior appendage or portion of the building or structure is not securely fastened, attached or anchored such that it is capable of resisting wind, seismic or similar loads as required by the International Building and International Residential Codes for new buildings.
(6) If for any reason the building, structure or portion thereof is manifestly unsafe or unsanitary for the purpose for which it is being used.
(7) The building, structure or portion thereof as a result of decay, deterioration or dilapidation is likely to fully or partially collapse.
(8) The building, structure or portion thereof has been constructed or maintained in violation of a specific requirement of the International Codes or of the city Code of Ordinances or South Carolina State Law.
(9) Any building, structure or portion thereof that is in such a condition as to constitute a public nuisance.
(10) Any building, structure or portion thereof that is unsafe, unsanitary or not provided with adequate egress, or which constitutes a fire hazard, or is otherwise dangerous to human life, or, which in relation to existing use, constitutes a hazard to safety or health by reason of inadequate maintenance, dilapidation, obsolescence or abandonment.
(Ord. 08-30, passed 1-12-2009)
Where it is necessary to make an inspection to enforce the provision of this code, or where the Building Inspector has reasonable cause to believe that there exists in a structure or upon a premises a condition which is contrary to or in violation of this code which makes the structure or premises unsafe, dangerous or hazardous, the Building Inspector or authorized representative is authorized to enter any building, structure or premises at all reasonable times for the purpose of making examinations, to investigate, make an inspection or enforce any of the provision of this code, provided such entries be made in such manner as to cause the least possible inconvenience to the person or persons in possession.
(A) The Building Inspector may enter any building, structure or premise that is occupied, the Building Inspector shall first identify himself, present proper credentials and request entry. If the building, structure or premise is unoccupied, he shall first make a reasonable effort to locate the owner or other persons having charge of the building and request entry. If entry is refused, the Building Inspector shall have recourse to every remedy provided by law to secure entry.
(B) No person, owner or occupant of any building or premises shall fail, after proper credentials are displayed, to permit entry into any building or onto any property by the Building Inspector or authorized representative for the purpose of inspections pursuant to this code. Any person violating this section shall be prosecuted within the limits of the law as set forth in Title 1, Chapter 3, § 1-3-48(A) and (B) of the city Code of Ordinances.
(C) The Building Inspector, the Fire Marshal and other department head supervisors as designated by the City Council are hereby authorized to make such inspections and take such actions as may be required to enforce the provisions of this code.
(D) Any requirement necessary for the strength or stability of an existing or proposed building or structure, or for the safety or health of the occupants thereof, not specifically covered by this code, shall be determined by the Building Inspector.
(Ord. 08-30, passed 1-12-2009)
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)
If the notice is not complied with nor an appeal filed within the allotted time, the Building Inspector shall file in the office of the recorder a certificate describing the property and certifying that the building or structure is unsafe and that the owner of record has been served. This certificate shall remain on file until such time as the conditions rendering the building or structure unsafe have been abated. At such time, the Building Inspector shall file a new certificate indicating that corrective action has been taken and the building or structure is no longer unsafe from that condition.
(Ord. 08-30, passed 1-12-2009)
The following action shall be taken by the Building Inspector when ordering the repair, vacation or demolition of an unsafe building or structure.
(A) The building shall be ordered repaired in accordance with the latest edition of the International Building Code, International Residential Code, National Electrical Cade and all related mandatory codes as amended and approved by the South Carolina Building Code Council pursuant to § 5-1-33.7 or demolished at the option of the owner.
(B) If the building or structure poses an immediate hazard to life or to the safety of the public it shall be ordered vacated immediately.
(Ord. 08-30, passed 1-12-2009)
Every notice to vacate, in addition to complying with § 5-1-33.3, shall be posted at each exit and entrance to the building or structure and shall state: THIS BUILDING IS UNSAFE AND ITS USE OR OCCUPANCY HAS BEEN PROHIBITED BY THE BUILDING INSPECTOR.
(A) Such notice shall remain posted until the required repairs are made or demolition is completed. It shall be unlawful for any person, firm or corporation or their agents to remove such notice without written permission of the Building Inspector, or for any person to enter the building except for the purpose of making the required repairs or of demolishing same.
(B) There shall be no violation under this section for entry upon or into a building or structure by police or fire personnel, Building Inspector or code enforcement personnel or a licensed contractor on the premises for the purpose of repair, removal or razing of the building or structure.
(C) The owner may enter upon the premises when accompanied by any of the personnel listed in division (B) of this section.
(D) Subsequent to posting the building, the building inspector may cause the building to be repaired to the extent required to render it safe or if the notice required demolition, to cause the building or structure to be demolished and all debris removed from the premises.
(Ord. 08-30, passed 1-12-2009)
Alterations, repairs or rehabilitation work may be made to any existing building without requiring the building to comply with all the requirements of the latest edition of the mandatory International Building Code, International Residential Code, International Plumbing Code, International Mechanical Code, International Fire Code, International Energy Conservation Code, International Fuel Gas Code, National Electrical Code and all other related mandatory codes as adopted and amended by the South Carolina Building Codes Council provided that the alteration, repair or rehabilitation work conforms to the requirements of the aforementioned mandatory building codes within this section for new construction. The Building Inspector shall determine, subject to appeal to the Board of Governors the extent, if any, to which the existing building shall be made to conform to the requirements of the aforementioned mandatory building codes within this section for new construction.
(Ord. 08-30, passed 1-12-2009)
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