(A) A violation of §§ 150.01 et seq. shall be punishable by a fine of not more than $200 or imprisonment for not more than 30 days or both, or the maximum allowable under the penalty provisions for violations or offenses within the jurisdiction of Magistrate’s Courts.
(B) (1) Any person violating any of the provisions of §§ 150.25 through 150.37 shall be guilty of a misdemeanor and upon conviction shall be subject to the maximum penalty allowed by law for punishment of offenses within the jurisdiction of the Magistrate's Courts. Each day's violation is a separate offense. In addition to, or as an alternative to criminal prosecution, violations may be enforced through the civil jurisdiction of a court of competent jurisdiction in Newberry County, and violators may be subject to civil fines or penalties in an amount to be determined by the Court up to $500 per day (subject to any limitations set forth in statutory law), and to injunctive relief as well as any other remedies authorized at law or in equity.
(2) In addition to any other fees, fines or penalties set forth in this division (B), any person who fails to timely notify Newberry County that a manufactured home has been moved into or to a new placement within Newberry County, or of a change of ownership, by applying for a manufactured home decal, as required by § 150.27(A), is subject to a civil late fee on the following basis:
(a) If the application for a manufactured home decal is made more than 15 days but within 45 days of moving the manufactured home into or to a new placement within Newberry County, or of a change of ownership: $50.
(b) Application is made during the period extending from 46 days to 75 days of moving the manufactured home into or to a new placement within Newberry County, or of a change in ownership: $100.
(c) For applications made more than 75 days after moving the manufactured home into or to a new placement within Newberry County, or of a change of ownership, an additional late charge of $50 per additional 30-day period, or portion thereof, is assessed.
(d) These late fees must be collected by the licensing agent before any manufactured home decal can be issued or the manufactured home certified for occupancy by the Building Official.
(e) Any person who fails to follow the procedures required by §§ 150.25 through 150.37 for notifying the county on a timely basis of the moving of a manufactured home into or to a new placement within Newberry County, or of a change of ownership, by applying for a decal or for providing the necessary documentation to obtain a manufactured home decal or building inspection in transactions involving 3 or more manufactured homes in any 24-month period may be enjoined from further violations of that subchapter, and is subject to the assessment of civil penalties in an amount to be determined by the Court of up to $500 per day (subject to any limitations set forth in statutory law).
(f) For manufactured homes moved into or to a new placement within Newberry County prior to the effective date of this division (B), but for which no decal or required moving permit application was timely submitted, the time for measuring the accrual of late fees starts as of the effective date of this amendment.
(g) Late fees can only be waived by the County Administrator for good cause shown. His or her decision on issues of waiver shall be final.
(3) A licensed South Carolina manufactured home retail dealer is not required to get a decal after moving a manufactured home onto its sales lot (see division (3)(a) below), but shall be responsible for obtaining the necessary moving permit prior to moving it and paying any outstanding county property taxes due and payable or any county property taxes assessed, or which may be assessed, on said manufactured home for the year in which the manufactured home is moved onto his or her sales lot, or storage lot, from any location within the county. Upon the transfer of the unit to a placement site in Newberry County, such dealer is fully responsible under §§ 150.25 through 150.37 for obtaining the necessary zoning permit (including obtaining any required signatures of the purchasers or occupants of the unit on a zoning permit application), providing proof to the Building Official that the manufactured home is being lawfully placed on the placement site, providing documentation to the Building Official of the ownership, or transfer thereof, of the manufactured home, obtaining any necessary moving permit (see division (3)(b) below) and decal, and arranging for the inspection of the set–up by the County Building Official, and such dealer is subject to all criminal penalties and civil remedies provided under this division (B) for failure to do so.
(a) Pursuant to S.C. Code § 31-17-330.
(b) Pursuant to S. C. Code § 31-17-360, a moving permit is not required when a licensed dealer is moving a manufactured home FROM his or her sales lot TO a customer's site, but a moving permit would be required if the dealer moves a manufactured home from either a storage location or an existing placement location to any other location.
(Ord. 93, passed 9-3-1987; Am. Ord. 12-48-05, passed 12-14-2005; Am. Ord. 08-26-06, passed 8-16-2006)