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For the purposes of this division, the following words, terms and phrases shall have the meanings respectively set forth in this section:
Tire: a continuous solid or pneumatic rubber covering encircling the wheel of a motorcycle, automobile, truck, trailer, tractor, bicycle, or other vehicle.
Tire Business: any place or establishment, in part or in whole, engaged in the business of selling tires or that generates waste tires and is occupied, used or maintained for the purpose of offering transporting, repairing, processing, storing, utilizing, and disposing of any and all types of tires.
Used tire for resale: a previously used tire that is suitable for use on a motor vehicle
Waste tire: a tire that is no longer suitable for its original intended purpose because of wear, damage, or defect or that is deemed unfit for resale by a tire business. Waste tire also includes any tire that is destined for a tire disposer or processor, including a tire recapping facility.
(Ord. 4771, § 2, passed 1-5-2016)
(a) Outdoor storage of used tires for resale is prohibited on lots less than two (2) acres in size. Used tires for resale must be kept in an enclosed building which has a current Certificate of Occupancy. A building used to store used tires must be located no closer to property lines than the minimum setbacks for structures outlined in the Zoning Ordinance.
(b) Outdoor storage of used tires for resale is permitted on lots greater than (2) two acres. Outside storage of tires must be in the rear yard and shall be enclosed and screened from view on all sides. Screening shall consist of a 6 foot opaque privacy fence and evergreen planting material at least 4 feet in height at the time of planting, and capable of forming a continuous opaque screen at least 6 feet in height, with individual plantings spaced not more than 5 feet apart.
(c) Outdoor storage of waste tires is prohibited. Waste tires must be kept in an enclosed building which has a current Certificate of Occupancy or in mobile containers used to transport waste tires. All mobile containers must be covered. All storage buildings or containers used to store waste tires shall be located no closer to property lines than the minimum setbacks for structures outlined in the Zoning Ordinance. Storage containers used to store waste tires shall not be stacked and shall not exceed ten (10) feet in height from grade.
(d) Any waste tire shall be rendered unusable and properly disposed of at an authorized tire disposal or recycling facility. It shall be unlawful for any person or tire business to cause, suffer or allow the dumping of tires at any place in Greenville County including without limitation, in or on any public highway, road, street, alley, or thoroughfare, including any portion of the right-of-way thereof, or in or on any public or private property in the County or any waters in the County.
(Ord. 4771, § 3, passed 1-5-2016; Ord. 4798, § 1, passed 5-3-2016)
(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)
DIVISION 9. WASTE TIRE HAULERS
Greenville County Council finds that illegally dumped waste tires create significant health and safety risks for Greenville County. Stockpiles of waste tires create an ideal breeding ground for mosquitoes and rodents to thrive, creating a health hazard for the community. Waste tires can result in large scale tire fires, which release toxic pollutants in the air and are difficult to extinguish. Rubber from waste tires can decompose into oil and contaminate ground water. Illegally dumped waste tires are also an eyesore that impairs the natural beauty of the County. Greenville County Council hereby finds that there is a need to create a program to strictly regulate the disposal of these waste tires to protect the public health, safety, and welfare of the citizens of Greenville County.
(Ord 5574, § 1, passed 12-5-2023)
For the purposes of this division, the terms below shall have the following meanings:
Person means an individual, corporation, company, association, partnership, unit of local government, state agency, federal agency, or other legal entity.
South Carolina Waste Tire Manifest means documentation required by South Carolina Code of Regulations § 61-107.3 used to track and certify the movement of waste tires from the point of origination to a permitted waste tire collection facility, a permitted solid waste management facility, or a permitted, or approved, waste tire processing facility.
Transport or Transportation means the movement of waste tires by any means, including, but not limited to, by vehicle, trailer, cart, or on foot.
Waste Tire means any tire that is no longer suitable for its intended purpose because of wear, damage, or defect or that is deemed unfit for and is not being used for any other purpose.
Waste Tire Hauler means any person engaged in the transportation of 15 or more waste tires at one time that have been received in Greenville County or that will be stored, processed, or disposed of in Greenville County.
(Ord 5574, § 2, passed 12-5-2023)
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