§ 5-1036. Notice and abatement.  


Latest version.
  • (a)

    The council, or any officer or employee of the city designated thereby for the purpose, is hereby authorized to give notice, by personal service or United States mail (certified mail, return receipt) to the owner or occupant, as the case may be, of any premises whereon the city has declared the structures unfit for human habitation and/or use due to dilapidation, defects increasing the hazards of fire accidents or other calamities, lack of ventilation, light or sanitary facilities, and/or other conditions rendering such dwelling and/or structures unsafe or unsanitary, dangerous, or detrimental to the health, safety or morale or otherwise inimical to the welfare of the residents of the city.

    The owner shall be required to repair, alter, or improve such dwelling or structure or remove and demolish such dwelling or structure within the time specified in such order/notice. In case any person, firm, or corporation shall neglect, fail, or refuse to comply with the notice within the period of time stated therein, the city authorities may remove/demolish or raze the dwelling/structure and the cost thereof together with an additional penalty of ten (10) percent may be collected by the city from that person, firm, or corporation, as set forth herein.

    The decision of what action to take with regard to such structure, upon failure of the owner to comply with the order/notice, shall rest solely with the city.

    (b)

    A bill or statement for the cost(s) and penalty(s) referenced above shall be mailed, certified mail, or personally served upon the owner or occupant, firm, or corporation, as the case may be, specifying that payment thereof shall be due within twenty (20) days thereof. Upon failure of the owner or occupant to remit payment of such bill or statement within the prescribed time, such amount(s) shall become a lien on said property in favor of the city, which lien shall be recordable upon proper instrument with the office of the Register of Mesne Conveyances

    (c)

    If the whereabouts of such person(s) are unknown and cannot be ascertained in the exercise of reasonable diligence, the city shall make an affidavit to that effect, then the serving of such complaint or notice/order upon such person(s) may be made by publishing the notice/order once each week for two (2) consecutive weeks in a newspaper printed and published in the area. The city will post the notice/order on the property one (1) week prior to taking corrective action.

(Ord. No. O-35-93, 11-23-93)

State law reference

Abatement of nuisance, S.C. Code 5-7-80.