§ 51.17  NOTICE TO ABATE NUISANCE.
   (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)