For the purpose of this ordinance, the following words, terms and phrases shall have the meanings respectively ascribed to them in this section.

Abandoned lessee property means property which the owner or has ceased to use or relinquished with neither the intention of transferring rights to the property to another owner nor of resuming the use of the property and does not maintain property or keep it secured.

Agricultural use shall mean 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.

Bulk shall mean all discarded bulky waste, including discarded appliances, furniture, mattresses, tires, etc.

Burning shall mean the 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.

Container shall mean 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.

Dead, animals includes but is not limited to livestock, dogs, cats, horses, typical household pets, birds and other fowl, etc., whose life-sustaining biological functions have ceased.

Developed area shall mean any portion of the Town of Fort Mill which has been developed for residential, commercial or industrial use.

Dwelling shall mean any building or structure, or part thereof, used and occupied for human habitation or intended to be so used and includes any outhouses and appurtenances belonging thereto or usually enjoyed therewith.

Garbage shall mean 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 shall mean any waste material containing disposal packages or containers, garbage, rubbish or solid waste that is not properly disposed of.

Natural use shall mean a lot, tract or parcel of land in the unincorporated area of Town of Fort Mill in a state provided by nature, without man-made changes or vermin infestation.

Owner shall mean the holder of the title in fee simple and every mortgagee of record.

Parties in interest shall mean all individuals, associations, corporations and others who have interests of record in a dwelling and any who are in possession thereof.

Person shall mean any individual, firm, partnership, corporation, association or organization of any kind.

Private property shall include but not be 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 officer shall include, but not be limited to, the officer or officers who are authorized by ordinances adopted hereunder to exercise the powers prescribed by such ordinance.

Public property shall include, but not be 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.

Rubbish shall include but not be 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 shall mean garbage, refuse, litter, rubbish or any other waste resulting from industrial, commercial, agricultural or residential activities not disposable by means of a sewage system operated in accordance with state regulations.

Weeds and rank vegetation shall mean 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. No. 03-03, § 1(19-16.1), 2-10-03)

It shall be unlawful for any person to dump, deposit, throw, drop, discard or otherwise dispose of litter, garbage, solid waste, rubbish, or trash on any public or private property within the Town of Fort Mill except in containers approved or other authorized disposal sites.

A.

Improper disposal prohibited. It shall be unlawful for any person to dump, throw, drop, discard, deposit or otherwise dispose of litter, garbage, rubbish, solid waste or trash on any public street, road, alley or other public place in Fort Mill or upon the property of another person, corporation or agency except in containers or areas lawfully provided therefore.

B.

Property to be kept clean. It shall be unlawful for any owner, agent, occupant or lessee of property within the Town of Fort Mill to:

(1)

Deposit litter, garbage, rubbish, solid waste, junk or trash in any receptacle except a covered container, or other authorized disposal site.

(2)

Place litter, garbage, rubbish, solid waste, trash or any similar material in or upon any place in such manner that transmission of infected material to human beings may result therefrom;

(3)

Place outside of any building any discarded bulky waste, including discarded appliances, furniture, mattresses, tires, machinery, equipment or accumulation of litter, garbage, rubbish, solid waste, junk or bulk except at approved disposal sites, or accordance with the town's sanitation policy.

(4)

Sweep, push, dump, deposit or place litter, garbage, rubbish, solid waste, bulk, or trash onto public right-of-ways in such location as to obstruct the vision or endanger the safety of the public.

(5)

Maintain or allow the existence of an abandoned swimming pool, water garden or ornamental pond which, because of its condition, decay or other cause shall be unsafe or defective, or which may become a breeding ground for or infested with vermin, mosquitoes, insects, noxious diseases or present physical dangers to the safety and well being of the public.

(6)

Store, park or keep abandoned, junk or inoperable vehicles which, because of their condition or maintenance constitutes a nuisance, or which may become a breeding ground for or infested with vermin, mosquitoes, insects, noxious diseases or present physical dangers to the safety and well being of the public. Vehicles stored, parked, or kept in completely enclosed buildings or in a structure attached to a completely enclosed building shall be exempt from this provision.

C.

Responsibility to keep property clean. It shall be the responsibility of every owner, agent, occupant or lessee of property within the Town of Fort Mill to maintain property under the control of such person in compliance with the requirements of this section. It shall be unlawful for the owner of such property to fail to remove from or to keep such property free of litter, garbage, rubbish, solid waste, trash and bulk.

D.

Exemptions. The provisions of this section shall not be construed to limit the temporary placement of construction material on a properly permitted site under active construction so long as such construction materials are properly placed so as to control loose debris, paper, building material waste, scrap building material, and other litter, garbage, rubbish, trash, solid waste or bulk. Such construction material shall be contained at the end of each work day and the site shall be kept in a reasonably clean and litter-free condition. The person or persons responsible for such construction shall provide appropriate receptacles or containers for construction waste and any construction materials, debris, litter, garbage, rubbish, solid waste or similar materials deposited upon public property or adjoining private property as the result of the construction or demolition of buildings shall be removed immediately by the person or persons having control over such construction or demolition. Construction sites shall be kept orderly at all times.

(Ord. No. 03-03, § 1(19-16.2), 2-10-03)

A.

Purpose. The purpose of this section is to provide a mechanism whereby developed residential, commercial and industrial property in the Town of Fort Mill may be required to be maintained free of tall weeds, noxious growth, brush and rank vegetation more than two feet in height which constitutes a hazard or nuisance, real or potential, for harboring vermin, the accumulation of litter, garbage, rubbish, solid waste, bulk, debris or other unsightly or injurious conditions. It is declared that the regulation of such property within the Town of Fort Mill in necessary and in the public interest:

(1)

To encourage a positive visual environment;

(2)

To promote the economic well being of the Town of Fort Mill by creating a favorable physical image;

(3)

To protect property values within the town;

(4)

To promote the safety of persons and property by providing that lots do not create fire or traffic hazards; and

(5)

To promote the health, safety and welfare of the public by ensuring that such property does not become a breeding ground for or infested with vermin, mosquitoes, insects, noxious diseases or present physical dangers to the safety and well being of the public.

B.

Exemptions. The following conditions and properties shall be exempt from this requirement:

(1)

Any improved property or part thereof on which such growth may be reasonably demonstrated to be for agricultural or horticular use and which are properly attended;

(2)

Wooded portions of rear or sideyards where equipment cannot maneuver because of density, provided such property is not otherwise in violation of the provisions of this section;

(3)

Unimproved property on which new permitted construction work is taking place and during such time as the actual construction is in progress;

(4)

Any property located in the unincorporated area of the Town of Fort Mill outside a developed residential, commercial or industrial area and not otherwise in violation of the provisions of this division or used in such manner as to constitute a nuisance.

C.

Overgrown improved property. It shall be unlawful for the owner, agent or occupant of any improved property located within a developed residential, commercial or industrial part of the Town of Fort Mill to:

(1)

Permit or allow weeds, noxious growth, brush, or similar vegetation to grow to a height of two feet or more except for natural or agricultural uses.

(2)

Permit such growth to a height, which constitutes a hazard, real or potential, for the harborage of vermin or insects.

(3)

Permit the accumulations of litter, garbage, rubbish, and/or solid waste, which constitutes a hazard, real or potential.

(4)

Permit other unsightly or injurious conditions to such an extent as to create a nuisance or potential health hazard for adjoining property or the general public.

D.

Unimproved property. It shall be unlawful for the owner, agent or occupant of any vacant unimproved property in developed residential, commercial or industrial unincorporated areas of York County which abut developed property or public streets on at least two sides to:

(1)

Permit or allow weeds, noxious growth, brush, or similar vegetation to grow to a height of two feet or more except for natural or agricultural uses.

(2)

Permit such growth to a height, which constitutes a hazard, real or potential, for the harborage of vermin or insects.

(3)

Permit the accumulations of litter, garbage, rubbish, and/or solid waste, which constitutes a hazard, real or potential.

(4)

Permit other unsightly or injurious conditions to such an extent as to create a nuisance or potential health hazard for adjoining property or the general public.

(Ord. No. 03-03, § 1(19-6.3), 2-10-03)

A.

Prohibition. It shall be unlawful for the owner, agent or occupant of any improved or unimproved lot, parcel or tract within a developed residential, commercial or industrial portion of the Town of Fort Mill to burn any item or substance within 500 feet of a residence, occupied building, occupied housing unit, occupied modular home, occupied mobile home, or commercial or industrial building other than that of the owner or occupant of such premises. It shall be unlawful for any person or entity to burn any substance on ozone action days.

(Ord. No. 03-03, § 1(19-6.4), 2-10-03)

A.

The governing body of the Town of Fort Mill finds that there exist in the county dwellings which are unfit for human habitation due to (a) dilapidation, (b) defects increasing the hazards of fire, accidents or other calamities, (c) lack of ventilation, light or sanitary facilities or (d) other conditions rendering such dwellings unsafe or unsanitary, dangerous or detrimental to the health, safety or morals or otherwise inimical to the welfare of the residents of the county.

B.

It shall be unlawful for any owner, agent or occupant to maintain, use or occupy any building, structure, manufactured housing unit, modular home, mobile home; abandoned swimming pool, water garden or ornamental pond, which is dangerous to life or limb, is likely to cause a fire, or which, because of its condition, use or maintenance constitutes a nuisance or which, because of the condition of the walls, overloaded floors, defective construction, decary or other cause shall be unsafe or defective, or which may become a breeding ground for or infested with vermin, mosquitoes, insects, noxious diseases or present physical dangers to the safety and well being of the public.

(Ord. No. 03-03, § 1(19-6.5), 2-10-03)

(1)

A public officer shall be designated or appointed to exercise the powers prescribed by this code.

(2)

Whenever a petition is filed with the public officer by a resident of the Town of Fort Mill charging that any dwelling is unfit for human habitation or whenever it appears to the public officer (on his own motion) that any dwelling is unfit for human habitation, the public officer shall, if his preliminary investigation discloses a basis for such charges, issue and cause to be served upon the owner of and all parties in interest in such dwelling a complaint stating the charges in that respect and containing a notice that a hearing will be held before the public officer or his designated agent at a place therein fixed not less than ten days nor more than 30 days after the serving of such complaint. The owner and parties in interest shall be given the right to file an answer to the complaint and to appear in person or otherwise and give testimony at the place and time fixed in the complaint. The rules of evidence prevailing in courts of law or equity shall not be controlling in hearings before the public officer.

(3)

If, after such notice and hearing, the public officer determines that the dwelling under consideration is unfit for human habitation he shall state in writing his findings of fact in support of such determination and shall issue and cause to be served upon the owner thereof an order:

(a)

If the repair, alteration or improvement of the dwelling can be made at a reasonable cost in relation to the value of the dwelling, such reasonable cost being less than 50 percent of the value of the dwelling, requiring the owner, within the time specified in the order, to repair, alter or improve such dwelling to render it fit for human habitation or to vacate and close the dwelling as a human habitation; or

(b)

If the repair, alteration or improvement of the dwelling cannot be made at a reasonable cost in relation to the value of the dwelling, requiring the owner, within the time specified in the order, to remove or demolish such dwelling.

(4)

If the owner fails to comply with an order to repair, alter or improve or to vacate and close the dwelling, the public officer may cause such dwelling to be repaired, altered or improved or to be vacated and closed. The public officer may cause to be posted on the main entrance of any dwelling so closed, a placard with the following words: "This building is unfit for human habitation; the use or occupation of this building for human habitation is prohibited and unlawful".

(5)

If the owner fails to comply with an order to remove or demolish the dwelling, the public officer may cause such dwelling to be removed or demolished.

(6)

The amount of the cost of such repairs, alterations or improvements, vacating and closing or removal or demolition by the public officer shall be a lien against the real property upon which such cost was incurred and shall be collectible in the same manner as municipal taxes.

(7)

If the county or the public officer in demolishing unfit dwellings as permitted by this article contracts with a third party not employed by the county to do the work, it shall bid the work in conformity with the Procurement Code applicable to the Town.

(Ord. No. 03-03, § 1(19-6.6), 2-10-03)

Nothing in section 6 shall be construed to impair or limit in any way the power of the town to define and declare nuisances and to cause their removal or abatement by summary proceedings or otherwise.

(Ord. No. 03-03, § 1(19-6.7), 2-10-03)

A public officer may determine that a dwelling is unfit for human habitation if he finds that conditions exist in such dwelling which are dangerous or injurious to the health, safety or morals of the occupants of such dwelling, the occupants of neighboring dwellings or other residents in the town. Such 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.

(Ord. No. 03-03, § 1(19-6.8), 2-10-03)

Complaints or orders issued by a public officer pursuant to this Code shall be served upon persons either personally or by registered mail, but if the whereabouts of such persons is unknown and cannot be ascertained by the public officer in the exercise of reasonable diligence and the public officer shall make an affidavit to that effect, then the serving of such complaint or order on such persons may be made by publishing it once each week for two consecutive weeks in a newspaper printed and published in the county. A copy of such complaint or order shall be posted in a conspicuous place on the premises affected by the complaint or order. A copy of such complaint or order shall also be filed with the clerk of court of the county in which the dwelling is located and such filing of the complaint or order shall have the same force and effect as other lis pendens notices provided by law.

(Ord. No. 03-03, § 1(19-6.9), 2-10-03)

Any person affected by an order issued by a public officer may within sixty days after the posting and service of the order petition the circuit court for an injunction restraining the public officer from carrying out the provisions of the order and the court may, upon such petition, issue a temporary injunction restraining the public officer pending the final disposition of the cause. Hearings shall be had by the court on such petitions within twenty days or as soon thereafter as possible and shall be given preference over other matters on the court's calendar. The court shall hear and determine the issues raised and shall enter such final order or decree as law and justice may require. In all such proceedings the findings of the public officer as to facts, if supported by evidence, shall be conclusive. Costs shall be in the discretion of the court. 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 public officer or because of compliance, by such persons with any order of the public officer.

(Ord. No. 03-03, § 1(19-6.10), 2-10-03)

A public officer under this code may exercise such powers as may be necessary or convenient to carry out and effectuate the purposes and provisions of this article, including the following powers in addition to others herein granted:

(1)

To investigate the dwelling conditions in the town in order to determine which dwellings therein are unfit for human habilitation;

(2)

To administer oaths and affirmations, examine witnesses and receive evidence;

(3)

To enter upon premises for the purpose of making examinations, provided such entries be made in such manner as to cause the least possible inconvenience to the persons in possession;

(4)

To appoint and fix the duties of such officers, agents and employees as he deems necessary to carry out the purposes of the ordinances; and

(5)

To delegate any of his functions and powers under the ordinances to such officers and agents as he may designate.

(Ord. No. 03-03, § 1(19-6.11), 2-10-03)

If a dwelling is removed or demolished by a public officer he shall sell the materials of such dwelling and shall credit the proceeds of such sale against the cost of the removal or demolition and any balance remaining shall be deposited in the circuit court of the public officer, shall be secured in such manner as may be directed by such court and shall be disbursed by such court to the persons found to be entitled thereto by final order or decree of such court.

(Ord. No. 03-03, § 1(19-6.12), 2-10-03)

Nothing in this article shall be construed to abrogate or impair the powers of the courts or of any department of the town to enforce any provisions of its ordinances or regulations, or to prevent or punish violations thereof and the powers conferred by this article shall be in addition and supplemental to the powers conferred by any other law.

(Ord. No. 03-03, § 1(19-6.13), 2-10-03)

The duly authorized code enforcement officer(s) within the Town of Fort Mill shall be responsible for the enforcement of this ordinance.

(Ord. No. 03-03, § 1(19-6.14), 2-10-03)

Enforcement officers of the town are hereby authorized to enter upon private property for the purpose of enforcing the provisions of this ordinance or removing or abating any violation thereon. It shall be unlawful for any person to interfere with, hinder or refuse to allow any properly identified enforcement official to enter upon private property for the purpose of enforcing the provisions of this ordinance or removing, investigating or abating violations thereof.

A.

Notice of violation. Whenever the enforcement official shall find that there is a violation of the provisions of this section, he shall serve notice to the owner and occupant of the premises to comply with the provisions of this section. It shall be sufficient notification if such notice is delivered to the person to whom it is addressed or deposited in the United States mail, properly stamped, certified and addressed to the address used for such property for tax purposes.

B.

Failure to comply with notice. If the person to whom the notice of violation is directed fails or neglects to comply with the provisions of this section within 15 days after such notice has been received, or within 20 days after a copy of such notice has been deposited in the United States mail, properly stamped, certified and addressed to the address used for tax purposes, whichever period is shorter, such person shall be deemed in violation of this section and subject to the penalties set forth herein.

C.

Property subject to abatement of conditions. It shall be the duty of the owner, agent or occupant of any such lot, parcel or tract in violation of the provisions of this section to abate the unlawful condition. It shall be unlawful for any owner, agent or occupant of any lot, parcel or tract of land which is subject to the provisions of this section to permit the conditions set forth in this section to exist or continue after notice thereof.

(Ord. No. 03-03, § 1(19-6.15), 2-10-03)

If any person, owner, agent or occupant of property shall fail to comply with a written notice of violations(s) or shall fail to correct a violation thereof within the time period set forth in the notice provided herein, the enforcement official may:

(a)

Enter an administrative order directing compliance with the provisions of this section and the zoning, subdivision, health and sanitation, International Building, Gas, Mechanical and Plumbing Codes, the National Electrical Code, and other provisions of this code, department of health and environmental control statutes, laws and regulations, erosion and sediment control provisions of this code and other applicable statutes, laws and ordinances;

(b)

Board up such premises in order to make the same inaccessible for habitation;

(c)

Commence an action in a court of competent jurisdiction for injunction, mandamus or abatement or discontinuance of violations of the provisions of this ordinance or other provisions of the Code of the Town of Fort Mill; and

(d)

If a violation of this ordinance is not corrected within the time period provided in the notice of violation, enter upon such property and correct or abate such violations or take such other action as may be reasonably necessary to remove the threat to the public health, safety and welfare, and all costs incurred in such action (including, but not limited to, inspection, administration, labor and equipment costs, court costs and attorney's fees) shall become a lien on the affected property and shall be collected in the same manner as county taxes are collected.

(e)

The remedies provided in this section are not mutually exclusive and shall be cumulative to other remedies provided in this ordinance and to any other remedy provided at law or in equity.

(Ord. No. 03-03, § 1(19-6.16), 2-10-03)

Violation of any section or provision of this ordinance shall constitute a misdemeanor, which shall be punishable by a fine of not more that $425.00, or imprisonment for not more than 30 days. The court may, in addition to the fine imposed under the provisions of this article, order restitution to the county for costs incurred in abating violating conditions. The court may, in its discretion, impose litter-gathering labor or other similar public services as the court may order under the supervision of the court. Each day that any violation of the provisions of this article shall exist or continue after notice thereof shall constitute a separate offense.

(Ord. No. 03-03, § 1(19-6.17), 2-10-03)