(a)

The building inspection department is hereby given the authority to administer and enforce all of the provisions of this chapter pertaining to zoning as defined in the South Carolina Local Government Comprehensive Planning Enabling Act of 1994 (S.C. Code 1976, tit. 6, ch. 29). The building inspections department shall accept and examine all applications for construction, land use or reuse, and shall issue building, zoning, and sign permits where such applications are in accordance with the provisions of this chapter and applicable building codes. The building inspections department shall provide direction to parties in conflict with this chapter, be required to keep records and files of any and all matters referred to it and shall prepare any and all reports as city council may require.

(b)

If the building inspections department shall find that any one of the provisions of this chapter is being violated, the building inspections department shall notify in writing the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it. The building inspections department shall order the discontinuation of the illegal use of land, buildings, or other structures; the removal of illegal buildings or other structures; the discontinuation of work on any illegal additions, alterations, or other structural changes; and shall take any other action authorized by this chapter to ensure compliance with or to prevent violation of its provisions.

(c)

The building inspections department is hereby given the authority to administer and enforce all the provisions of this chapter pertaining to land development and subdivisions of land as defined in the South Carolina Local Government Comprehensive Planning Enabling Act of 1994. The building inspections department shall accept and examine all applications for rezonings and text amendments. The building inspections department shall accept applications for zoning appeals, special exceptions, and subdivision plat approvals, where such applications are in accordance with the provisions of this chapter.

(Code 1991, § 31-131; Ord. No. O08-16, 7-8-2008)

(a)

Whenever the building inspections department receives a written and signed complaint, or observes a violation of this chapter, it shall take whatever action is warranted.

(b)

Written and signed complaints received by the building inspections department shall be confidential. However, such complaints may be made available to the property owner against whom the complaint was filed upon written request after a determination by the building inspections department that the complaint was without merit.

(Code 1991, § 31-132)

The owner of any building or land or part thereof who participates in, assists, directs, creates, or maintains any situation that is contrary to the requirements of this chapter may be held responsible for the violation and suffer the penalties and be subject to the remedies herein provided.

(Code 1991, § 31-133)

(a)

If the building inspections department finds that any provision of this chapter is being violated, it shall send a written notice to the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it. Additional written notices may be sent at the building inspections department's discretion.

(b)

The final written notice (the initial written notice may be the final notice) shall state what action the building inspections department intends to take if the violation is not corrected and shall advise that the building inspections department's decision or order may be appealed to the board of zoning appeals as provided in article VIII of this chapter.

(c)

Notwithstanding the foregoing, in cases when delay would seriously threaten the effective enforcement of this chapter or pose a danger to the public health, safety, or welfare, the building inspections department may seek enforcement without prior written notice by invoking any of the penalties or remedies authorized in section 44-253.

(Code 1991, § 31-134)

(a)

Violations of the provisions of this chapter or failure to comply with any of its requirements, including violations of any conditions and safeguards established in connection with grants of variances or special exception permits, and violations of stop work orders, shall constitute a misdemeanor, punishable as provided by state law.

(b)

Any act constituting a violation of the provisions of this chapter or a failure to comply with any of its requirements, including violations of any conditions and safeguards established in connection with the grants of variances or special exception permits, shall also subject the offender to penalties provided in section 1-7.

(c)

This chapter may also be enforced by any appropriate equitable action.

(d)

Each day that any violation continues after notification by the building inspections department that such violation exists shall be considered a separate offense for purposes of the penalties and remedies specified in this section.

(e)

Any combination of the foregoing penalties and remedies may be used to enforce this chapter.

(f)

Remedies. In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained; or any building, structure or land is used in violation of this chapter, the building official or any appropriate authority of the city, or any adjacent, nearby or neighboring property owner, who would be affected by such violation, in addition to other remedies, may institute injunction or any other appropriate action or proceedings to prevent the occupancy of such building, structure or land.

(Code 1991, § 31-135; Ord. No. O08-16, 7-8-2008)

(a)

A zoning, sign, or special exception permit may be revoked by the permit-issuing authority (in accordance with the provisions of this section) if the permit recipient fails to develop or maintain the property in accordance with the plans submitted, the requirements of this chapter, or any additional requirements lawfully imposed by the board of zoning appeals or if it appears that any portion of the application submitted to obtain such permit or approval, or any representation made by the applicant or his agents, was false or misleading.

(b)

Before a special exception permit may be revoked, all of the notice and hearing and other requirements of article VIII of this chapter shall be followed. The notice shall inform the permit recipient of the alleged grounds for the revocation.

(1)

The burden of presenting evidence sufficient to authorize the permit-issuing authority to conclude that a permit should be revoked for any of the reasons set forth in subsection (a) of this section shall be upon the party advocating that position. The burden of persuasion shall also be upon that party.

(2)

A motion to revoke a permit shall include, insofar as practicable, a statement of the specific reasons or findings of fact that support the motion.

(c)

Before a zoning or sign permit may be revoked, the building inspections department shall give the permit recipient ten days' notice of intent to revoke the permit and shall inform the recipient of the alleged reasons for the revocation and of his right to obtain an informal hearing on the allegations. If the permit is revoked, the building, planning, zoning and licensing department shall provide to the permittee a written statement of the decision and the reasons therefor.

(d)

No person may continue to make use of land or buildings in the manner authorized by any zoning, sign, or special exception permit after such permit has been revoked in accordance with this section.

(Code 1991, § 31-136)

(a)

Whenever the building official determines that a person is engaged in doing work that constitutes, creates, or results in a violation of this chapter and that substantial injury will occur if the violation is not terminated immediately, the building official may order the specific part of the work that constitutes, creates, or results in a violation of this chapter to be immediately stopped.

(b)

A stop work order issued under this section shall be in writing, directed to the person doing the work, and shall state the specific work to be stopped, the specific reasons therefor, and the conditions under which the work may be resumed. A copy of the stop work order shall also be sent forthwith to the owner of the property where the work is taking place and the developer, if different from the owner.

(c)

Any person aggrieved by the issuance of a stop work order may appeal the issuance of the order to the board of zoning appeals pursuant to article VIII of this chapter. However, an appeal shall not stay the operation of the stop work order except as provided in subsection (d) of this section.

(d)

The board of zoning appeals shall meet and act upon the appeal within 30 days after receipt of the appeal notice. If the board fails to comply with this requirement, the stop work order shall be stayed automatically beginning on the day following the expiration of this 30-day period, and the stay shall remain in effect until the board of zoning appeals meets and acts on the appeal.

(e)

The notice of hearing requirements set forth in article VIII of this chapter shall not apply to appeals of stop work orders. However, the staff shall orally notify the appellant of the date, time, and place of the hearing as soon as it has been scheduled and shall send to the appellant a written confirmation of this notice as soon as possible.

(f)

Neither the person upon whom a stop work order is served, nor an owner or developer served with a copy under subsection (b) of this section, may thereafter cause, suffer, or permit a violation of the order while it remains in effect, except during a period in which the operation of the order is stayed under subsection (d) of this section.

(Code 1991, § 31-137)