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(A) It shall be unlawful for any person to refuse or neglect to abate a nuisance which endangers the public health, after having been directed to do so by the Health Officer.
(B) The fine and/or other penalty to be in addition to any expense incurred by the town or the Health Officer in abating the nuisance or in carrying out the instructions of the Board of Health for the neglect or refusal for which the fine and/or other penalty is imposed.
(1982 Code, Ch. 6, Art. I, § 1-5) Penalty, see § 51.99
LITTERING AND RUBBISH
(A) It shall be the duty of every owner, tenant or person in charge for any real property located within the town to at all times cut and mow the grass, weeds and undergrowth on his lot and in the space between the property line and the curb line in the front, in the rear and alongside thereof, so that neither the grass, weeds nor undergrowth shall grow to a height greater than 18 inches, other than trees, shrubbery, flowers or other ornamental plants. The duty to cut and mow grass, weeds and undergrowth shall not apply to the following:
(1) Land which is being tilled and farmed on an annual basis.
(2) Undeveloped woodlands in a natural state, except for lots which have been cut within the last 3 years after receiving notice from the Town Administrator.
(3) Vacant lots within a subdivision, except when such properties abut residences 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.
(B) Whenever any weeds, undergrowth vines grow to such density as to constitute a haven of rats, snakes or other vermin on any real property within the city and become menace to public health and the neighborhood, the owner, tenant, or person in charge of such property shall remove such growth upon being notified by the Town Administrator or his representative.
(1982 Code, Ch. 6, Art. I, § 2-3; S.C. Code § 5-7-80) (Am. Ord. passed 6-16-2009)
(A) The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subchapter, except where the context clearly indicates a different meaning:
ABANDONED MOTOR VEHICLE. A vehicle that is in a state of disrepair and incapable of being moved under its own power or has no up-to-date inspection sticker or license tag.
BURNED BUILDING. A building that has been partly burned and left open and is a safety hazard to the general public and unsightly to the neighborhood.
(B) It shall be unlawful for the owner, tenant or person in charge of any real property in the town to permit or cause the accumulation or presence of any rubbish, debris, rubble, trash, litter, bricks, concrete, scrap lumber, old refrigerators, washing machines, clothes dryers, stoves, abandoned motor vehicles, torn down or burned buildings, old machinery or implements, or other similar unsightly material, or any foul or noxious effluvia. Any such accumulations or presence of such material or guides is hereby declared to be a nuisance. Conditions which constitute a public nuisance include, but are not limited to, the following:
(1) Deposit of trash, garbage, waste, or debris on private or public property in other than approved disposal containers;
(2) Accumulation of water in which mosquitoes may breed;
(3) Growth of vegetation or accumulation of materials which provide a harbor or breeding place for rodents or other pests;
(4) A dilapidated structure which is unfit for habitation, or which provides a harbor for rodents, pests, stray animals, or persons engaged in controlled substance use or sale;
(5) Unauthorized production, transportation, storage, or discharge of fumes, dust, smoke, noise, chemicals, toxic materials, waste, or other materials which pose a threat to public health or safety;
(6) Any condition which is conducive to the transmission of communicable disease or which increases the hazard of fire; or
(7) A junked or abandoned, unlicensed, inoperable, and unsecured motor vehicle which provides a harbor or breeding place for insects or rodents.
(1982 Code, Ch. 6, Art. I, § 2-1; 1982 Code, Ch. 6, Art. I, § 2.5; S.C. Code § 5-7-80) (Am. Ord. passed 6-16-2009)
(A) It shall be the duty of the Town Administrator to serve or cause to be served a "Courtesy Summons" upon the owner, tenant, or person in charge of any premises on which weeds, grass and undergrowth, other than trees, shrubbery, flowers or other ornamental plants, are permitted to grow to a height exceeding 18 inches and also upon the owner, tenant, or person in charge of property on which there is an accumulation or presence of rubbish, rubble, trash, litter, bricks, concrete, scrap lumber, old refrigerators, washing machines, clothes dryers, stoves, abandoned vehicles, torn down or burned buildings, old machinery or implements, or other similar unsightly material. Such notice shall allow the owner, tenant, or person in charge of the premises a minimum of 14 days in which to remove or have removed the violations. If the owner, tenant, or person in charge cannot be located to be served personally, service shall be made by posting a copy of the summons on the subject property and mailing a copy to the person at the address on the County of Newberry's property tax records.
(B) If such owner, tenant, or person in charge of the premises has been previously served a "Courtesy Summons" for nuisance abatement for the same property during the same calendar year then such owner, tenant, or person in charge of the premises shall be issued a "Uniform Ordinance Summons".
(C) A "Courtesy Summons" provides a minimum of 14-days notice and requires that the owner, tenant, or person in charge of the property must appear in person for a hearing before the Town Administrator or his designee at the time and date as prescribe in the "Courtesy Summons." At this hearing the owner, tenant, or person in charge of the property must pay an administrative fee of $40 and present proof that the nuisance has been abated. The administrative fee may be waived if it is a first appearance and the nuisance is abated. Failure to appear at this hearing will result in the owner, tenant, or owner person in charge of the property being served a "Uniform Ordinance Summons" to appear before the Municipal Judge at the Prosperity Town Hall.
(S.C. Code § 5-7-80) (Am. Ord. passed 6-16-2009)
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