§ 11-26. Public nuisances.

(a)

Purpose and scope. It is the purpose of the provisions of this Article to provide a just, equitable and practical method, whereby properties, buildings, or structures which from any cause, endanger the life, limb, health, property or safety or welfare of the general public or their occupants, may be required to be repaired, vacated, or demolished.

(b)

All private property. In accordance with section 5-7-80 of the Code of Laws, South Carolina, 1976, conditions on private property constituting a danger to human life, safety, or health are hereby declared to be public nuisances and hazards to public health. These shall include, but not be limited to, the following:

(1)

Unsanitary conditions created by the improper disposal of waste, human or otherwise;

(2)

The accumulation of water from any cause, which may promote the breeding of mosquito larvae;

(3)

Any building or part of any building which, on account of its condition, its occupancy or use, may endanger life or health;

(4)

The discharge of sewage, garbage or any other organic filth into or upon any place in such a manner that may endanger human life or health;

(5)

The handling or storage of any material that may endanger life or health;

(6)

Any business, industry or individual which causes dust, vapors, gases or any by-product that may be detrimental to life or health or that are obnoxious or objectionable to the esthetic senses;

(7)

Any property, whether occupied or vacant, upon which, grass, weeds or undergrowth exceeding eighteen (18) inches in height, trash, garbage, offal, stagnant water, building materials, glass, wood, metal or other matter deleterious to good health and public sanitation is permitted or caused to accumulate in any manner which is or may become a nuisance causing injuries or sickness to the public or neighboring property;

(8)

Any property which, because of its condition, may promote the breeding or harborage of flies, rats, snakes, vermin or other insects and animals.

(c)

Commercial property. For purposes of this section, a commercial property is one upon which was or is located a structure for which the most recent certificate of occupancy or building permit issued was for a building or structure to be used as a business or for commerce, and not primarily as a residence. The provisions of this article apply, whether or not such building shall have been constructed, altered, or repaired before or after the enactment of this article, and irrespective of any permits or licenses which shall have been issued for the use or occupancy of the building or for the installment or repair of equipment or facilities prior to the effective date of this article, or whether it is occupied or vacant. In addition to the conditions of public nuisance in subsection (b), supra., the following conditions on commercial property are declared to be public nuisance and hazards to public health:

(1)

Such damage by fire, wind or other causes as to render the building unsafe.

(2)

Dilapidation, decay, unsanitary conditions or disrepair which is dangerous to the health, safety and welfare of the occupants or other people in the city.

(3)

Inadequate facilities for egress to such an extent that there does not exist at a minimum, sufficient operable doors that the building can be entered safely and exited in the same manner in case of fire or panic.

(4)

Defects significantly increasing the hazards of fire, accident, or other calamities.

(5)

Buildings and environs shall be kept clear of accumulations of garbage, trash, or rubbish, which creates health and sanitation problems. All garbage and solid waste shall be in approved containers or stored in a safe and sanitary way.

(6)

Flammable, combustibles, explosive or other dangerous or hazardous materials shall be stored in a manner approved for such materials and consistent with the City Fire Prevention Code.

(7)

The building and environs shall be kept free of loose and insufficiently anchored overhanging objects, which constitute a danger of falling on persons or property.

(8)

The environs shall be kept free of insufficiently protected holes, excavations, breaks, projections, obstructions and other such dangerous impediments on and around walks, driveways, parking lots, alleyways and other areas which are accessible to and generally used by persons on or around the premises.

(9)

The building and environs surfaces (ground, parking lot) shall be kept clear of broken glass, loose shingles, loose wood, crumbling stone or brick, broken plastic or other dangerous objects or similar hazardous conditions. Exterior surfaces shall be maintained in such material or treated in such a manner as to prevent deterioration and repaired or replaced to ensure the safety of the public.

(10)

The building and environs shall be kept free of objects and elements protruding from building walls, roof and environs which are unsafe or not properly secured or which can create a hazard such as abandoned electrical boxes and conduits, wires, sign brackets and other brackets, and similar objects.

(11)

All chimneys, shall be structurally safe.

(12)

All exterior porches, landings, balconies, stairs and fire escapes shall be provided with banisters or railings and maintained to minimize the hazard of falling, and the same shall be kept structurally sound, in good repair, and free of defects.

(13)

All cornices shall be made structurally sound. All exposed wood shall be treated or painted.

(14)

Gutters and down-spouts shall be replaced or repaired as necessary and shall be appropriately located so as not to cause a hazard to pedestrian, vehicular traffic or property.

(15)

Attached and unattached accessory structures shall not cause a nuisance or safety hazard

(16)

Advertising sign structures, attached or freestanding awnings, marquees and their supporting members and other similar attachments and structures shall be maintained in good repair and shall not cause a nuisance or safety hazard to the occupants, pedestrians or other residents of the city.

(17)

Walls, partitions, supporting members, sills, joists, rafters or other structural members shall not list, lean or buckle, and shall not have holes or cracks which might admit rodents.

(18)

Floors or roofs shall have adequate supporting members and strength to be reasonably safe for the purpose used and shall not leak.

(19)

Foundations, foundation walls, piers or other foundation supports shall not be deteriorated or damaged.

(20)

All windows must be tight-fitting and have sashes of proper size and design.

(21)

All windows shall be maintained free of broken glass that could be in danger of falling or shattering.

(22)

All openings originally designed as windows, doors, loading docks, or other means of egress or ingress shall be maintained as such, unless the chief code enforcement officer approves the closing and the materials used to close the openings. If an opening is temporarily closed to secure the building, the boarding shall be trim fit, sealed to prevent water intrusion, and painted or stained to properly conform with the other exterior portions of the building.

(Ord. of 12-15-94; Ord. of 1-21-16)

Cross reference

Article VI, § 5, dwellings unfit for human habitation; article XIII, zoning ord.