For the purpose of this chapter, the following definitions shall apply unless the context clearly necessitates a different meaning.
ABANDONED. Refers to the status of property or structures in which it appears the owner or lessee has ceased to use or relinquished rights or possession and does not maintain the property or structure, or keep it secured.
ABATEMENT or ABATEMENT PROCESS. Action to terminate, stop, cease, repair, rehabilitate, replace, demolish, correct, or otherwise remedy nuisance activity, condition, premises, or conduct by such. and in such manner as to bring the activity, condition, premises, or conduct into compliance with the York County Code of Ordinances, the laws and/or regulations of the State of South Carolina, or in such manner as is necessary to promote the health, safety, and/or general welfare of the public.
AGRICULTURAL USE. Cultivated, crop producing and livestock grazing areas so long as vegetation is not permitted to grow beyond the bounds of the lot, parcel or tract, encroach on other property, create unsanitary conditions, fire or traffic hazards, offensive or noxious odors, insect breeding places, harboring places for vermin, or constitute a nuisance to the public or in any way adversely affect the health, safety, sanitation and welfare of the public.
BUILDING OFFICIAL. The person(s) designated by the county to enforce the building codes adopted by York County.
BULK. All discarded bulky waste, including discarded appliances, furniture, mattresses, tires, and the like.
BURNING. Combustion of any item or substance not associated with the internal heating of a home, building or structure, fireplaces, grills or internal combustion engines, or burning which constitutes a nuisance or fire hazard to an adjoining property owner.
CONSTRUCTION. Any site preparation, assembly, erection, substantial repair, alteration or similar action, but excluding demolition, for or of public or private rights-of-way, structures, utilities or similar property.
CONTAINER. A water-tight receptacle made of metal, heavy duty plastic or material of similar strength with a cover for the storage and disposal of solid waste. All containers must be closed at all times, except when being filled or emptied.
COUNTY. York County, South Carolina.
DEVELOPED. Any lot or area improved with man-made buildings, structures, infrastructure, or which has undergone development activities such as the placement of manufactured homes, mining, dredging, filling, grading, paving, excavation, or drilling.
DILAPIDATION. The process of falling to pieces, breaking down or in a state of disrepair, shabby, overgrown, neglected, or abandoned.
DWELLING. Any building or structure, or part thereof, used or occupied for human habitation or intended to be so used and includes any outhouses and appurtenances belonging thereto or usually enjoyed therewith.
EMERGENCY. Any occurrence or set of circumstances involving actual or imminent physical trauma or property damage which demands immediate action.
GARBAGE. All perishable refuse, including animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food; household rubbish, including paper, cardboard boxes, rags, plastic, cloth, glass, bottles, cans and any similar waste; and other types of trash.
LITTER. All waste material including, but not limited to disposable packages or containers, trash, garbage, refuse, rubbish, or solid waste.
MOTOR VEHICLE. (As defined in the Motor Vehicle Code of the state.) Any vehicle which is propelled or drawn on land by a motor, such as, but not limited to passenger cars, trucks, truck-trailers, semi-trailers, campers, go-carts, snowmobiles, amphibious craft on land, dune buggies or racing vehicles, but not including motorcycles.
MOTORBOAT. Any vessel which operates on water and which is propelled by a motor, including, but not limited to boats, barges, amphibious craft, water ski towing devices and hover craft.
MOTORCYCLE. (As defined in the Motor Vehicle Code of the state.) An unenclosed motor vehicle having a saddle for the use of the operator and two or three wheels in contact with the ground, including, but not limited to motor scooters and minibikes.
MUFFLER or SOUND DISSIPATIVE DEVICE. A device for abating the sound of escaping gases of an internal combustion engine.
NOISE. Any sound which annoys or bothers humans or which causes or tends to cause a disturbance.
OWNER. The holder (person or entity), in part or whole, of the title in fee simple and every mortgagee of record.
PERSON. Any individual, firm, partnership, corporation, association or organization of any kind.
PREMISES or REAL PROPERTY. In context, any location, building, structure, residence, garage, room, shed, dwelling, lot, parcel, land, or portion thereof, whether improved or unimproved.
PRIVATE PROPERTY. Includes, but is not limited to, improvements, yards, grounds, walks, driveways, entrances, passage ways, parking areas, working areas, storage areas, vacant lots and recreational facilities owned by any private person.
PUBLIC NUISANCE or NUISANCE. Any real property, structure, or any condition, instrument, or machine located on premises within the county which is or may be detrimental to the health, safety, well-being, or welfare of the community, which is or may have a negative impact on the quality of life of adjacent property owners or occupants, or which is designated by the county as constituting a health hazard and/or which may be unsafe or dangerous to members of the general public by reason of their inability to appreciate the peril therein, and/or which may reasonably be expected to attract children to the premises and risk injury by their playing with, near, in, or on it.
PUBLIC OFFICER. Includes, but is not limited to, any officer or officers, such as code enforcement officers, building officials, emergency management litter control officers, and sheriffs deputies, whom are authorized by law, as adopted hereunder, to exercise the powers prescribed by such law.
PUBLIC PROPERTY. Includes, but is not limited to, public improved and unimproved property, streets, roads, public right-of-ways, medians, sidewalks, alleys and other public ways, public parks, grounds, lots, recreation facilities, waterways, and drainage systems.
PUBLIC RIGHT-OF-WAY. Any street, avenue, boulevard, highway, sidewalk, alley or similar place which is owned or controlled by a governmental entity.
PUBLIC STREET. A right-of-way for vehicular travel which has been dedicated or accepted or declared public by any city, county, or state. The term “street” also means highways, roads, avenues, boulevards, lanes, drives, parkways, and other vehicular travel ways.
RESPONSIBLE PERSON or RESPONSIBLE PARTY. Any individual, business, or entity, responsible for creating, causing, maintaining, or permitting the nuisance activity, premises, condition, or conduct; and includes but is not limited to, the property owner (real and/or personal), tenant, lessee, possessor, or occupant of real property, the president or other officer of the corporation, a business owner or manager of a business. The owner, occupant, or the agent of any owner or occupant of lots, parcels, or areas within the county.
RUBBISH. Includes, but is not limited to, nonputrescible solid waste, both combustible and noncombustible, paper, cardboard, tin cans, wood, bricks, glass, bedding, crockery, automobiles, household appliances, litter, metal, plastic, rubber, ashes, weeds, brush, leaves, grass, vines, stumps and other similar materials.
SOLID WASTE. Garbage, refuse, litter, rubbish, sludge, or any other waste resulting from industrial, commercial, agricultural, residential, or community activities not disposable by means of a sewage system operated in accordance with state regulations and any other discarded material, including solid, liquid, semi-solid or contained gaseous materials resulting from industrial, commercial, mining and agricultural operations, and from community activities.
SOUND.
(1) An oscillation in pressure, particle displacement, particle velocity or other physical parameter, in a medium with internal forces that causes compression and rarefaction of that medium.
(2) The description of SOUND may include any characteristic of the sound, including duration, intensity and frequency.
UNFIT STRUCTURE. Any structure or dwelling which is unfit for human use or occupancy due to:
(1) Dilapidation;
(2) Defects increasing the hazards of fire, accidents or other calamities;
(3) Lack of ventilation, light or sanitary facilities; or
(4) Other conditions rendering such dwellings unsafe or insanitary, dangerous or detrimental to the health, safety or morals or otherwise inimical to the welfare of the residents of the county.
WEEDS AND RANK VEGETATION. Dense uncultivated growth within a portion of the unincorporated area of York County which is developed for residential, commercial or industrial purposes, which creates a nuisance due to unsightliness, herbaceous growth, which serves as a breeding ground for mosquitoes, which serves as a habitat for vermin, infestation, which constitutes a fire or traffic hazard, or which in any way adversely affects the health, safety, sanitation and welfare of the public.
(Ord. 722, passed 1-18-22)