(A) Penalties generally. Where any building, structure or sign is or is proposed to be erected, constructed, reconstructed, altered, converted or maintained, or any building, structure, sign or land is or is proposed to be used in violation of this chapter, the Zoning Administrator may in accordance with the provisions of S.C. Code § 56-7-80, as amended, issue an ordinance summons, or institute injunction, mandamus, or other appropriate action or proceeding to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance, or use; or to correct or abate the violation or to prevent the occupancy of the building, structure or land. Each day such unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use continues shall be deemed a separate offense.
(B) Specific remedies. Specific remedies for the violation of any provision of this chapter include the following:
(1) Permit revocation. The Zoning Administrator may revoke any zoning permit issued by staff after written notification to the permit holder when violations of this chapter have occurred, when false statements or misrepresentations were made in securing the permit, work is being or has been done in substantial departure from the approved application or site plan, or a permit has been mistakenly issued in violation of this chapter.
(2) Misdemeanor; penalties. It shall be unlawful for any person to use property, or to construct, alter, enlarge, or demolish any structure without a permit or permits required by this chapter. Conviction for violation of this chapter is punishable as a misdemeanor under the general penalty provisions of the county code.
(3) Withholding of permits. The Zoning Administrator shall deny a zoning permit for any use or work which fails to comply with this chapter. The Zoning Administrator or other appropriate official shall withhold all other county permits for work which violates this chapter.
(4) Stop-work orders. The Zoning Administrator is authorized to issue a stop work order pursuant to S.C. Code § 6-29-950(B) requiring work to cease until specific code violations are corrected. Failure to comply with a stop work order of the Zoning Administrator is a misdemeanor punishable under the general provisions of the county code. Issuance of a stop work order may be appealed to the Board of Zoning Appeals.
(5) Criminal penalties. Any person violating any provision of this chapter shall upon conviction be guilty of a misdemeanor and shall be fined as determined by the court for each offense.
(6) Injunction. Enforcement of the provisions of this chapter may also be achieved by injunction. When a violation occurs, the Zoning Administrator may, either before or after the institution of other authorized action, apply to the appropriate division of court for a mandatory or prohibitory injunction commanding the defendant to correct the unlawful condition or cease the unlawful use of the property.
(7) Order of abatement. In addition to an injunction, the Zoning Administrator may apply for and the court may enter into an order of abatement as part of the judgment in the case. An order of abatement may direct any of the following actions:
(a) Buildings or other structures on the property be closed, demolished, or removed;
(b) Fixtures, furniture or other moveable property be moved or removed entirely;
(c) Improvements, alterations, modifications or repairs be made; or
(d) Any other action be taken that is necessary to bring the property into compliance with this chapter.
(C) Complaints. A written complaint specifying facts showing a violation of this chapter filed by any person shall be investigated by the Zoning Administrator. Upon determination that a violation has occurred, the Zoning Administrator shall take appropriate enforcement action authorized by this chapter.
(D) Ordinance summons. The Zoning Administrator is authorized to issue an ordinance summons pursuant to county code provisions for violations of this chapter.
(Ord. 06-11-16, passed 9-21-2016)