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Greenville County, SC Code of Ordinances
GREENVILLE COUNTY, SOUTH CAROLINA CODE OF ORDINANCES
CHAPTER 1: GENERAL PROVISIONS
CHAPTER 2: ADMINISTRATION
CHAPTER 2.5: ADULT-ORIENTED BUSINESSES
CHAPTER 3: AMUSEMENTS
CHAPTER 4: ANIMALS AND FOWL
CHAPTER 5: BUILDINGS AND CONSTRUCTION
CHAPTER 6: EMERGENCY MANAGEMENT
CHAPTER 7: FINANCE AND TAXATION
CHAPTER 8: FLOOD CONTROL, DRAINAGE, STORMWATER MANAGEMENT
CHAPTER 9: GARBAGE AND REFUSE
CHAPTER 10: HUMAN RELATIONS AND RESOURCES
CHAPTER 11: LAW ENFORCEMENT
CHAPTER 12: LIBRARIES, MUSEUMS AND CULTURAL FACILITIES
CHAPTER 13: MOBILE AND MANUFACTURED HOMES; TRAILERS
CHAPTER 14: MOTOR VEHICLES AND TRAFFIC
CHAPTER 15: OFFENSES AND MISCELLANEOUS PROVISIONS
CHAPTER 16: RESERVED
CHAPTER 17: PLANNING AND DEVELOPMENT
CHAPTER 18: ROADS, HIGHWAYS AND RIGHTS-OF-WAY
CHAPTER 19: SIGNS
CHAPTER 20: UTILITY SERVICES
CHAPTER 21: BUSINESS REGULATIONS
APPENDIX A: ZONING ORDINANCE
APPENDIX B: RESERVED
APPENDIX C: LAND DEVELOPMENT REGULATIONS
APPENDIX D: FRANCHISES
APPENDIX E: STORMWATER BANKING PROGRAM MANUAL
TABLE OF ORDINANCES
PARALLEL REFERENCES
ARTICLE III: UNFIT BUILDINGS
Section
   5-51   Authority; definitions
   5-52   Findings of council
   5-53   Enforcement of article; additional powers of codes administrator
   5-54   Standards for determining fitness of dwellings for human habitation
   5-54.1   Closing a dwelling
   5-55   Complaint procedure; action to be taken by codes administrator; failure to comply with order to repair, etc.
   5-56   Rights of persons affected by orders
   5-57   Sale of materials from removed or demolished dwelling
   5-58   Provisions are cumulative
§ 5-51 AUTHORITY; DEFINITIONS.
   This article is authorized by S.C. Code §§ 31-15-310 et seq., as amended. The words “county,” “owner,” “parties in interest” and “dwelling” shall have the same meanings as set forth in S.C. Code § 31-15-310 of such code. As used herein, the phrase “close the dwelling” shall mean the securing of all windows and doors of a dwelling in such a manner as to prevent the unauthorized entry into the dwelling or the damage of any glassed or other openings.
(1976 Code, § 5-51) (Ord. 733, § 1; Ord. 1757, § 1, passed 10-20-1987)
§ 5-52 FINDINGS OF COUNCIL.
   The county council finds that there exist in the county dwellings which are unfit for human habitation due to (1) dilapidation, (2) defects increasing the hazards of fire, accidents or other calamities, (3) lack of ventilation, light or sanitary facilities, or (4) other conditions rendering such dwellings unsafe or unsanitary, dangerous, or detrimental to the health, safety or morals or otherwise inimical to the welfare of the residents of the county.
(1976 Code, § 5-52) (Ord. 733, § 2)
§ 5-53 ENFORCEMENT OF ARTICLE; ADDITIONAL POWERS OF CODES ADMINISTRATOR.
   The codes administrator is hereby authorized and directed to exercise the powers prescribed in this article. He may exercise such powers as may be necessary or convenient to carry out and effectuate the purposes and provisions of this article, including the following powers in addition to others granted by this article or the enabling legislation:
      (1)   To investigate dwelling conditions in the county in order to determine whether dwellings therein are unfit for human habitation;
      (2)   To administer oaths and affirmations, examine witnesses and receive evidence;
      (3)   To enter upon premises for the purpose of making examinations, provided such entries be made in such manner as to cause the least possible inconvenience to the persons in possession;
      (4)   To appoint and fix the duties of such officers, agents and employees as he deems necessary to carry out the purposes of this article; and
      (5)   To delegate any of his functions and powers under this article to such officers and agent as he may designate.
(1976 Code, § 5-53) (Ord. 733, § 3)
§ 5-54 STANDARDS FOR DETERMINING FITNESS OF DWELLINGS FOR HUMAN HABITATION.
   The codes administrator may determine that a dwelling is unfit for human habitation if he finds that conditions exist in such dwellings which are dangerous or injurious to the health, safety or morals of the occupants of such dwelling, the occupants of neighboring dwellings or other residents in the county. Such conditions may include the following (without limiting the generality of the foregoing): Defects increasing the hazards of fire, accidents or other calamities; lack of adequate ventilation, light or sanitary facilities; dilapidation; disrepair; structural defects; uncleanliness; and breeding areas for insects or vermin.
(1976 Code, § 5-54) (Ord. 733, § 4)
§ 5-54.1 CLOSING A DWELLING.
   In order to close a dwelling properly, the following general requirements shall be observed:
      (1)   Doors and sidelights with openings for glass or similar purpose materials shall be secured by first removing the opening cover material.
      (2)   Windows or other openings shall be secured by placing the sashes in an open position for double hung windows or removing the sashes, panels or glass as appropriate for other window/opening styles.
      (3)   The exterior side of the opening shall be secured with a covering; the covering shall extend not less than 6 inches beyond all sides of the opening. The exterior cover shall be of solid material or constructed in such a manner that dismantling from the exterior is impractical. Plywood sheets used for exterior covering shall, as a minimum, be 1/2 inch thick, construction grade, with exterior glue. Alternate materials shall be of equal or greater quality.
      (4)   Exterior covering shall be secured to an interior brace with 1/4-inch carriage bolts or other acceptable means to prevent removal except for the interior side only.
      (5)   All exterior wood surface shall be primed and painted with 1 coat of good exterior paint (outside and all edges).
      (6)   A suggested method of securing property is detailed on figure 1 attached hereto and incorporated herein.
(1976 Code, § 5-54.1) (Ord. 1757, § 1(A)-(F), passed 10-20-1987)
Editor’s note:
   The diagram referred to in subsection (6) is not reproduced in the Code; it may be found on file in the county records.
§ 5-55 COMPLAINT PROCEDURE; ACTION TO BE TAKEN BY CODES ADMINISTRATOR; FAILURE TO COMPLY WITH ORDER TO REPAIR, ETC.
   (a)   Whenever a petition is filed with the codes administrator by at least 5 residents of the county charging that any dwelling is unfit for human habitation or whenever it appears to the codes administrator (on his own motion) that any dwelling is unfit for human habitation, the codes administrator shall, if his preliminary investigation discloses a basis for such charges, 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 codes administrator or his designated agent at a place therein fixed not less than 10 days nor more than 30 days after the serving of such complaint; that the owners 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; and that the rules of evidence prevailing in courts of law or equity shall not be controlling in hearings before the codes administrator.
   (b)   If, after such notice and hearing, the codes administrator determines that the dwelling under consideration is unfit for human habitation he shall state in writing his findings of fact in support of such determination and shall issue and cause to be served upon the owner thereof an order:
      (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 (“reasonable cost” being not over 50% of such value), requiring 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 (“reasonable cost” being not over 50% of such value), requiring the owner, within the time specified in the order, to remove or demolish such dwelling.
   (c)   If the owner fails to comply with an order to repair, alter or improve or to vacate and close the dwelling, the codes administrator may cause such dwelling to be repaired, altered or improved or to be vacated and closed, and the codes administrator 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.”
   (d)   If the owner fails to comply with an order to remove or demolish the dwelling, the codes administrator may cause such dwelling to be removed or demolished.
   (e)   The amount of the cost of such repairs, alterations or improvements, vacating and closing or removal or demolition by the codes administrator shall be a lien against the real property upon which such cost was incurred and shall be collected in the same manner as county taxes are collected.
   (f)   Complaints or orders issued by the codes administrator pursuant to this order shall be served upon persons either personally or by registered mail, but if the whereabouts of such persons is unknown or cannot be ascertained by the codes administrator in the exercise of reasonable diligence and the codes administrator shall make an affidavit to that effect, then the serving of such complaint or order upon such persons may be made by publishing it once a week for 2 consecutive weeks in a newspaper printed and published in the county or in a newspaper printed and published in the City of Greenville and circulated in the county.
(1976 Code, § 5-55) (Ord. 733, § 5; Ord. 4316, § 2, passed 9-15-2009)
§ 5-56 RIGHTS OF PERSONS AFFECTED BY ORDERS.
   In accordance with S.C. Code § 31-15-370, any person affected by an order issued by the codes administrator may, within 60 days after the posting and service of the order, petition the circuit court for an injunction restraining the codes administrator from carrying out the provisions of the order and the court may, upon such petition, issue a temporary injunction restraining the codes administrator pending the final disposition of the cause. Hearings shall be had by the court on such petitions within 20 days or as soon thereafter as possible and shall be given preference over other matters on the court’s calendar. The court shall hear and determine the issues raised and shall enter such final order or decree as law and justice may require. In all such proceedings the findings of the codes administrator as to facts, if supported by evidence, shall be conclusive. Costs shall be in the discretion of the court. The remedies herein provided shall be exclusive remedies and no person affected by an order of the codes administrator shall be entitled to recover any damages for action taken pursuant to any order of the codes administrator or because of compliance by such person with any order of the codes administrator.
(1976 Code, § 5-56) (Ord. 733, § 6)
§ 5-57 SALE OF MATERIALS FROM REMOVED OR DEMOLISHED DWELLING.
   If a dwelling is removed or demolished by the codes administrator or his delegate or agent, he shall sell the materials of such dwelling and shall credit the proceeds of such sale against the cost of the removal or demolition, and any balance remaining shall be deposited in the circuit court by the codes administrator, shall be secured in such manner as may be directed by such court and shall be disbursed by such court to the persons found to be entitled thereto by final order or decree of such court.
(1976 Code, § 5-57) (Ord. 733, § 7)
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