(a) Right of entry. Where it is necessary to make an inspection to enforce the provisions of this code, or whenever the code official or law enforcement personnel has reasonable cause to believe that there exists upon a premises a condition in violation of this division, the code official or law enforcement personnel is authorized to enter the exterior premises at reasonable times to inspect or perform the duties imposed by this division.
(b) Notice of Violation.
(1) Upon an initial violation, a person, firm, corporation or agent found to be in violation of the provisions of this division shall be issued a Notice of Violation and given seven days to bring the property into compliance. Failure to comply after seven days’ notice shall result in the issuance of a civil citation. A person, firm, corporation or agent found to be in violation shall only receive one seven-day grace period after the first Notice of Violation is issued.
(2) It shall be sufficient notification to deliver the Notice of Violation to the person to whom it is addressed, or to deposit a copy of such in the United States Mail, properly stamped, certified, and addressed to the person to whom the notice is directed or to deposit a copy of such in the United States Mail, properly stamped, certified and addressed to the address used for tax purposes.
(c) Violation Penalties.
(1) Any person, firm, corporation or agent who violates a provision of this DIVISION or fails to comply with any of the requirements thereof shall be subject to a civil penalty of fifty ($50) dollars for each improperly stored tire on the location of the tire business, up to a maximum civil penalty up to $2,000. Each day a violation continues is a separate offense.
(2) An official authorized by Greenville County may deliver a civil citation to a person, firm, corporation, or agent who violates the provisions of this Code. The civil citation shall include the name and address of the violator; the nature of the violation; the location and time the violation occurred; the amount of the civil penalty assessed; and the defendant’s right to stand trial before the Magistrate for the violation. A defendant may pay the penalty or elect to stand trial by giving the issuing agency written notice within 10 days of receipt of the citation of his intention to stand trial. The issuing agency shall then forward the request to the Magistrate’s Court to schedule a hearing on the request.
(3) In a proceeding for a civil violation a defendant may enter a plea of guilty, not guilty, or no contest. The court may render a verdict of “guilty” of the civil infraction or “not guilty” of the civil infraction. A defendant has 30 days from the date of a finding of “guilty” to appeal this matter to circuit court.
(4) Upon adjudication of the case, the Magistrate may order the payment of the civil penalty. When a defendant has been found guilty of the violation and fails to pay the fine imposed by the court, the court may treat the failure as contempt of court.
(5) Adjudication of a civil citation is not a criminal conviction for any purpose, and does not impose any of the civil disabilities imposed by a criminal conviction.
(d) Removal by the County. In the event a violation of this division has not been corrected as required by the Notice of Violation, the county may enter upon such lot or parcel of land and correct the violation, and the costs incurred as a result of such action (including inspection, administration, labor and equipment costs) shall become a lien upon the property and shall be collected in the same manner as county taxes are collected.
(Ord. 4771, 6 1, passed 1-5-2016)