(A) Authority. Whenever the governing body, Zoning Administrator or their designated representative finds that there exist in the town dwellings or buildings which are unfit for human habitation and/or other use due to dilapidation, defects increasing the hazards of fire, accidents or other calamities, lack of ventilation, light or sanitary facilities, or other conditions rendering the dwellings or buildings unsafe or unsanitary, dangerous or detrimental to the health, safety or morals or otherwise inimical to the welfare of the residents of South Congaree, the governing body, Zoning Administrator or their designated representative(s) may, upon the approval of a majority of the members of Council, exercise the town’s police powers to repair, close or demolish any dwellings or building.
(B) Filing of complaint and investigation. That whenever a complaint or petition is filed with the governing body, Zoning Administrator or their other designated representative(s), by any one (1) of the administrative heads of the town departments which routinely deals with areas relevant to this statute, or by at least five (5) residents or property owners of the town who have some portions of their property within 2,000 feet of some portion of the property upon which the dwelling or building or other structure is located, charging that any dwelling or building or other structure is unfit for human habitation, or whenever it appears to the governing body, Zoning Administrator or their other designated representative(s) (on their own motion) that any dwelling or building or other structure is unfit for human habitation, the governing body, Zoning Administrator, and or their designated representative shall, if his or her preliminary investigation discloses a basis for the charges, issue and cause to be served upon the owner of and all parties in interest in a dwelling or building or other structure, a complaint and notice in letter form (return receipt requested) stating the charges in that respect and that a hearing will be held before the governing body, Zoning Administrator or other designated representative(s) no less than ten (10) calendar days nor more than 30 calendar days after the service of the complaint or letter, that the owner and parties in interest shall be given the right to file an answer to the complaint in letter form and to appear in person or otherwise and give testimony at the place and time fixed in the complaint, and that the rules of evidence prevailing in the courts of law or equity shall not be controlling in the hearings.
(C) Notice to owner and necessary action by owner.
(1) If, after the notice and hearing, the governing body, Zoning Administrator and or their designated representative(s) determines that a dwelling or building or other structure under consideration is unfit for human habitation, it shall be stated in writing.
(2) The writing is to include the findings of fact in support of the determination, and this writing shall be issued and caused to be served upon the owner of the property together with or in the form of a notice.
(a) If the repair, alteration or improvement of the dwelling or building or other structure can be made at a reasonable cost in relation to the value of the dwelling or building or other structure, the owner shall be required within the time specified in order to repair, alter or improve the dwelling or building or other structure to render it fit for human habitation; or
(b) If the repair, alteration or improvement of the dwelling or building or other structure cannot be made at a reasonable cost in relation to the value of the dwelling or building or other structure, the owner shall be required, within the time specified in the order, to remove or demolish the dwelling or building.
(D) Failure to comply. If the owner fails to comply with the order to repair, alter or improve or remove and demolish, the governing body, Zoning Administrator, and or their designated representative(s), may cause the dwellings or building or other structure to be repaired, altered or improved, or removed, or demolished.
(E) Removal or demolition. If the owner fails to comply with the order to remove or demolish the dwelling or building or other structure, the governing body, Zoning Administrator, or their other designated representative(s), may cause the dwelling or building or other structure to be removed or demolished.
(F) Costs. The amount of the cost of the repairs, alterations or improvements, or removal or demolition by the Town of South Congaree shall be a lien against the real property placed and collected through appropriate judicial process.
(G) Unfitness.
(1) A dwelling or building or other structure is unfit for human habitation if conditions exist in the dwelling, or building or other structure which are dangerous or injurious to health or safety of the occupants of the dwelling, building or other structure, the occupants of neighboring dwelling or building or other structures, or other residents of the town.
(2) The conditions may include the following, without limiting the generality of the foregoing: defects therein increasing the hazards of fire, accidents, or other calamities; lack of adequate ventilation, light or sanitary facilities; dilapidation; disrepair; structural defects; uncleanliness; and any other conditions in a reasonable way relating to unfitness for human habitation as previously set forth.
(H) Service of complaint.
(1) Complaints by letter or orders hereunder shall be delivered to and/or served upon the persons either personally or by registered mail (return receipt requested), but if the whereabouts of the persons are unknown and cannot be ascertained in the exercise of reasonable diligence, the governing body, Zoning Administrator, and/or other designated representatives shall make an affidavit to that effect, then the serving of the complaint or order upon the persons may be made by publishing it once each week for two (2) consecutive weeks in a newspaper printed and published in the town/county.
(2) A copy of the complaint or order shall be posted in a conspicuous place on the premises affected by the complaint or order.
(3) A copy of the complaint or order shall be filed with the Town Zoning Administrator and the filings of the complaint or order shall have the same force and effect as other lis pendens notices provided by law.
(I) Rights of persons affected by orders.
(1) Any person affected by an order issued by the governing body, Zoning Administrator or their designated representative(s), may within 60 days after the posting and service of the order, petition the circuit court for an injunction restraining the governing body, Zoning Administrator or their designated representative(s) from carrying out the provisions of the order, and the court may, upon the petition, issue a temporary injunction restraining the public officer pending the final disposition of the cause.
(2) Hearings shall be had by the court on the petitions within 20 days or as soon thereafter as possible and shall be give preference over other matters on the court's calendar as authorized by S.C. Code § 31-15-370, as amended.
(3) The court shall hear and determine the issues raised and shall enter the final order or decree as law and justice may require.
(4) In all proceedings, the findings of the public officer as to the facts, if supported by evidence, shall be conclusive.
(5) Costs shall be at the discretion of the court.
(6) The remedies herein provided shall be exclusive remedies, and no person affected, by an order of the public officer shall be entitled to recover any damages for action taken pursuant to any order of the governing body, Zoning Administrator and or other designated representative(s) or because of compliance by the person with any order of the public officer.
(J) Powers and duties.
(1) The governing body, Zoning Administrator or their designated representative(s), may exercise powers and duties as may be necessary or convenient to carry out and effectuate the purposes and provisions of this section.
(2) The following powers in addition to others herein granted:
(a) To investigate the dwelling or building or other structure conditions in the town in order to determine which dwellings or buildings or other structures therein are unfit for human habitation;
(b) To administer oaths and affirmations, examine witnesses and receive evidence;
(c) To enter upon premises for the purposes of making examinations, provided the entries be made in a manner as to cause the least possible inconvenience to the persons in possession;
(d) To appoint and fix the duties of the officers, agents and employees as he or she deems necessary to carry out the purposes of the section; and
(e) To delegate any of his or her functions and powers under this section to officers and agents as he or she may choose.
(K) Proceeds of sale of materials. If a dwelling or building or other structure is removed or demolished by the governing body, Zoning Administrator or other designated representative(s), he or she shall sell the materials of the dwelling or building other structure and shall credit the proceeds of the sale against the cost of the removal or demolition, and any balance remaining shall be deposited with the court by the governing body, Zoning Administrator, and or their other designated representative(s) and shall be secured in a manner as may be directed by the court and shall be disbursed by the court to the persons found to be entitled thereto by a final order or decree of the court.
(1985 Code, § 9-112)