(A) Whenever a petition is filed with the city or Building Official by a public authority or by at least five residents of the city charging that a dwelling, or any portion thereof, is unfit for human habitation or whenever it appears to the Building Official on his or her own motion that a dwelling, or any portion thereof, is unfit for human habitation, the Building Official shall make a preliminary investigation.
(B) If the Building Official’s preliminary investigation discloses a basis for such charges, the Building Official shall issue and cause to be served upon the owner of and all parties in interest in such dwelling a complaint stating the charges in that respect and containing a notice that a hearing will be held before the Building Official or his or her designated agent at a place therein fixed not less than ten days nor more than 30 days after the serving of such complaint.
(C) The owner and parties in interest shall be given the right to file an answer to the complaint and to appear in person or otherwise and give testimony at the place and time fixed in the complaint. The rules of evidence prevailing in courts of law or equity shall not be controlling in hearings before the public officer.
(D) If, after such notice and hearing, the Building Official determines that the dwelling under consideration, or any portion thereof, is unfit for human habitation, he or she shall state in writing his or her findings of fact in support of such determination and shall issue and cause to be served upon the owner thereof, and posted at the dwelling, an order to vacate and close the dwelling, or any portion thereof determined to be unfit for human habitation and informing the owner and occupants that utility services to the dwelling may be terminated. In addition:
(1) If the repair, alteration or improvement of the dwelling can be made at a reasonable cost in relation to the value of the dwelling, the order shall require the owner, within the time specified in the order, to repair, alter or improve such dwelling to render it fit for human habitation or to vacate and close the dwelling as a human habitation; or
(2) If the repair, alteration or improvement of the dwelling cannot be made at a reasonable cost in relation to the value of the dwelling, the order shall require the owner, within the time specified in the order, to remove or demolish such dwelling.
(E) If the owner fails to comply with an order to repair, alter or improve or to vacate and close the dwelling, the Building Official may cause such dwelling to be repaired, altered or improved or to be vacated and closed at the owner’s costs and expense. The Building Official may cause to be posted on the main entrance of any dwelling so closed, a placard with the following words: “This building is unfit for human habitation; the use or occupation of this building for human habitation is prohibited and unlawful.” The order may apply to the entire dwelling or any portion thereof.
(F) If the owner fails to comply with an order to remove or demolish the dwelling, the Building Official may cause such dwelling to be removed or demolished.
(G) The amount of the cost of such repairs, alterations or improvements, vacating and closing, or removal or demolition by the Building Official shall be a lien against the real property upon which such cost was incurred and shall be collectible in the same manner as municipal taxes.
(H) If the city in demolishing unfit dwellings as permitted by this subchapter contracts with a third party not employed by the city to do the work, it must bid the work in conformity with the purchasing procedures set forth in §§ 36.15 et seq.
(S.C. Code § 31-15-30) (Ord. 35-19, passed 1-14-20)