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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)
The Building Inspector may approve one (1) or more extensions of time as he may determine to be reasonable to complete the required repair or demolition. Such requests for extensions shall be made in writing stating the reasons therefore. If the extensions of time, in total, exceed one hundred twenty (120) days, they must also be approved by the Board of Governors which may act without further public hearing.
(Ord. 08-30, passed 1-12-2009)
No person shall obstruct or interfere with the implementation of any action required by the final notice of the Building Inspector or the Board of Governors. Any person found interfering or obstructing such actions shall be prosecuted to the extent provided for by law.
(Ord. 08-30, passed 1-12-2009)
The Board of Governors is hereby established for the express purpose of providing for the final interpretation of provisions of this code and any complaints or grievances against the permitting process, fee schedules, testing and items requiring a permit pursuant to § 5-1-9. The Board shall consist of seven (7) members who are not employees of the city and shall be appointed by the City Council for staggered terms of four (4) years each. Vacancies shall be filled for unexpired terms in the same manner as the original appointment. Members of the Board of Governors may be removed by City Council for cause.
(Ord. 08-30, passed 1-12-2009)
The Board shall elect a Chairperson from its membership for a term of one (1) year. The Board shall appoint a secretary who may also be an officer of the city approved by the City Administrator or a member of the Board. Other officers may be elected by the Board as provided by its rules of procedure.
(Ord. 08-30, passed 1-12-2009)
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