(A) Any act of any person, firm, or occupation whereby the health or life of any individual may be endangered, injured or impaired, or which causes any disease is hereby declared a nuisance.
(B) Nuisances affecting public heath. The following are hereby declared to be nuisances affecting public health:
(1) All decayed or unwholesome food products or food waste not properly contained either inside or outside for more than 24 hours before pickup.
(2) It shall not be lawful to accumulate on any premises or in the rear of any store, factory, or residence, old fixtures, junk, trash, or any other material which tends to keep such premises wet, exclude the sun and catch and favor the accumulation of filth to render the property unsightly and unhealthy.
(3) All pools of stagnant water or vessels holding stagnant water in which mosquitoes can breed excluding required retention pools.
(4) Swimming pools which either:
(a) Are empty, excluding such pools that are completely and effectively covered; or
(b) Contain liquids and/or debris which are not bacteriological, chemically or physically safe for swimming or other intended uses.
(5) Animal carcasses not buried or disposed of in a lawful and sanitary manner within 24 hours after death.
(6) Leaking septic tanks or sewer lines or other sewage existing in an unsanitary manner.
(7) Weeds or other rank growths of vegetation upon private or public property, and all other vegetation of any wage of maturity which exceeds 18 inches in height, except for healthy trees, shrubs or plants grown in a tended and cultivated garden or plot regardless of height, harbors, conceals or invites rodents, pests, and vermin or deposits of refuse; gives off noxious odors; constitutes a fire or traffic safety hazard.
(8) Vacant lots when such properties abut residence or public rights-of-way, a minimum 40-foot strip shall be cleared and maintained. Where such clearing of the 40-foot strip results in more than 50% of the lot being cut, then the entire lot shall be required to be cut.
(9) Damaged or diseased limbs of trees or trees to the extent of potential injury to the public at large due to imminent structural failure.
(10) Deliberate placement or discharge into any part of a storm water drainage system of: untreated sewage, sewage solids, process wastewater, refuse, explosive or combustible liquid, solid or gas, oil greases, industrial water or other polluted water except where a federal, state or local permit for connections, discharge or disposal has been obtained prior to the event; or waters or wastes containing toxic or poisonous wastes to constitute a hazard to humans, plants or animals or to cause corrosion, discoloration or deposition on real or personal property; or any solid or viscous substances in such quantities or such size capable of causing obstruction to the flow in the storm water drainage system or other interference with the proper operation of the drainage system of the city.
(C) Nuisances offending public decency, peace and order. The following are hereby declared to be public nuisances affecting public decency, peace and order when such violations are of a continual, reoccurring or constant nature; provided, however, that no person shall be held liable or no structure shall be declared a nuisance in the event that person does not generate, enable or contribute to the occurrence of unlawful behavior by management policy or practice, personal conduct, lack of control or supervision, absence or ineffectiveness, security or other factors:
(1) A person who erects, establishes, continues, maintains, uses, owns, occupies, leases, or releases any building or other place used for the purposes of lewdness, assignation, prostitution, repeated acts of unlawful possession or sale of controlled substances or continuous breach of the peace in this state is guilty of a nuisance; and the building, place, or ground itself in or upon which the lewdness, assignation, prostitution, repeated acts of unlawful possession or sale of controlled substances, or continuous breach of the peace is conducted, permitted, carried on, continued or exists and the furniture, fixtures, musical instruments and moveable property used in conducting or maintaining the nuisance also are declared a nuisance and shall be enjoined and abated as provided in this chapter.
(2) Any structure, whether commercial or residential, where gambling devices, slot machines, punch boards, or other such contrivances of similar character involving any elements of chance as consideration or any type of gambling, bookmaking, wagering or betting is carried on and all gambling equipment, except where such specific form of gambling is permitted by applicable law.
(3) Any structure, whether commercial or residential, where intoxicating liquors are manufactured, sold, bartered, or given away in violation of federal, state or local law or where intoxicating liquors kept for sale, barter or distribution in violation of federal, state or local law and all liquors, bottles, kegs, pumps, bars and other property kept at and used for maintaining such a place.
(4) Any structure, whether a commercial operation or a residential use, where breaches of the peace, disorderly conduct or offenses against the person found in S.C. Code Chapter 3, Title 16, offenses against the person found in Chapter 133 of this code, in the town occur with such disproportionate frequency when compared to frequency of law enforcement action required at other similarly situated structures or where the intensity of law enforcement response, when required, is disproportionate to the intensity of response required at other similarly situated structures. After notice of the continuing nature of the nuisance and specific identification of the facts and circumstances that either generate, enable, or contribute to the nuisance, the owner, lessee, renter, management or the person in control, may be held responsible for the maintenance of a public nuisance and the structure declared a public nuisance.
(a) For purposes of division (C)(4) of this section only, a COMMERCIAL OPERATION is defined as an activity in which goods or services are exchanged for money or barter, or the rental or lease of accommodations for any length of time less than 30 days; a RESIDENTIAL USE is defined as single family residences or multifamily residences; it is the intent of this section that commercial operations shall be held responsible for factors which generate, enable or contribute to the requirement of frequent or intensive law enforcement action due to a management policy or practice, personal conduct, lack of control or supervision, absence or ineffectiveness of security or other factors. When such a management policy or practice, personal conduct, lack of control or supervision, absence or ineffectiveness of security or other factors are identified by law enforcement as generating, enabling or contributing to the disproportionate need for frequent or intensive law enforcement action, notice shall be provided to the commercial operation. Such notice shall identify with particularity the management policy or practice, personal conduct, lack of control or supervision, absence or ineffectiveness of security or other factors that are generating, enabling or contributing to the frequency and intensity of unlawful behavior and that further occurrence may result in declaration of a public nuisance. If, after notice, the management policy or practice, personal conduct, lack of control or supervision, absence or ineffectiveness of security or other factors that are generating, enabling or contributing to the frequency and intensity of unlawful behavior are not changed or modified, the owner, lessees, renter, management or the person in control, may be held responsible for the maintenance of a public nuisance and the structure declared a public nuisance.
(b) For purposes of division (C)(4) of this section only, a RESIDENTIAL USE is defined as any residence in which a family or individual or individuals reside for a period exceeding 30 days. It is the intent of this section that owners, lessees or renters of the property shall be held responsible for the conduct of the residents, invitees or guests that generate, enable or contribute to the requirement of frequent or intensive law enforcement action. When conduct is identified by law enforcement as generating, enabling or contributing to the disproportionate need for frequent or intensive law enforcement action, notice shall be provided to the owner, lessee or renter. Such notice shall identify with particularity the conduct that is generating, enabling or contributing to the frequency and intensity of unlawful behavior and that further occurrences may result in the declaration of a public nuisance. If, after notice, the conduct that is generating, enabling or contributing to the frequency and intensity of unlawful behavior is not changed or modified, the owner, lessee, renter, management or the person in control may be held responsible for the maintenance of a public nuisance and the structure declared a public nuisance.
(D) Nuisances affecting public welfare and safety. The following are declared to be public nuisance affecting public welfare and safety:
(1) All trees, hedges, signs or other obstructions or any portion of the same, so located on private property which prevent persons driving vehicles approaching an intersection of streets from having a clear, safe view of traffic approaching such intersection pursuant to the town zoning ordinance and subdivision regulations;
(2) All trees, hedges, signs or other obstructions or any portion of the same so located on private property which prevent the clear and unobstructed view of a fire hydrant, fire department or other fire protection device or directional or identification signage pertaining to the above from a public way;
(3) Any obstruction, erosion or depression which poses a potential hazard to vehicles or pedestrians using a right-of-way on private property where the public is invited or permitted to traverse for commercial purposes;
(4) Any wires, strings, ropes, lighting contrivances over streets, alley or public grounds, which are not authorized or permitted by the city or which are strung so that the lowest portion is less than 13-1/2 feet above the surface of the ground;
(5) All explosives, flammable liquids and other dangerous substances stored in any manner, in any amount other than that manner or amount permitted by law;
(6) Any hanging signs, awnings, canopies and other similar structures over the streets or sidewalks so situated or constructed as to endanger public safety or to be contrary to this code;
(7) Any motor vehicle that is unregistered, inoperable, derelict or abandoned on any highway or right-of-way or other public or private property, unless such vehicle is stored inside of a building; or
(8) Any abandoned or discarded icebox, refrigerator, ice chest or other type of air-tight container whose door, lid or other closing device has not been removed.
(E) Nuisances affecting public economy. The following are declared public nuisances affecting the public economy:
(1) All structures including signs that bear graffiti;
(2) All structures including signs with the majority of the surface in need of painting, re-lettering due to flaky, fading, cracking or other conditions that make it unsightly; and
(3) All signs that do not apply to a currently licensed and operating business.
('86 Code, § 10.201) (Ord. 2004-02, passed 3-15-04; Am. Ord. 2008-05, passed 3-17-08)