TOWN OF MOUNT PLEASANT - MOVING PERMIT APPLICATION

 

   The South Carolina Building Codes Council amends and adopts building codes for all of South Carolina. It is mandatory that all jurisdictions in South Carolina adopt the amended codes. The administrative chapter one of each code is not mandated but permissive. The administrative chapters offer comprehensive code administration that is closely tied to the actual code language. The following codes are adopted by reference as though they were set forth herein. The most current version of the state adopted code including the administrative chapter one shall apply except any section referencing the Board of Appeals or Means of Appeal will be excluded. The Energy Code applies as specified by the year below.

   (H)   Flood damage prevention regulations, as set forth in Chapter 152 of this Code of Ordinances.

(Ord. 99072, passed 1-11-00; Am. Ord. 01023, passed 5-8-01; Am. Ord. 02027, passed 6-11-02; Am. Ord. 03018, passed 5-13-03; Am. Ord. 04064, passed 12-14- 04; Am. Ord. 05038, passed 6-14-05; Am. Ord. 07040, passed 6-19-07; Am. Ord. 08030, passed 6-11-08; Am. Ord. 08048, passed 9-10-08; Am. Ord. 09057, passed 8-12-09; Am. Ord. 11046, passed 7-12-11; Am. Ord. 12081, passed 12-11-12; Am. Ord. 13028, passed 6-11-13; Am. Ord. 16095, passed 11-8-16; Am. Ord. 19081, passed 12-11-2019; Am. Ord. 22064, passed 12-15-22)

   (A)   Appointment. There is established in the town a board to be called the Board of Adjustments and Appeals, which shall consist of five members. Such Board shall be composed of one architect, one general contractor or engineer, and three members at large from the building industry. This Board shall be appointed by Town Council.

   (B)   Term of office. The term of office for all seats on the Board shall be four years. All terms hereunder shall, however, continue until a successor is appointed by the Mayor and approved by Town Council. The Mayor and Council shall act promptly after the expiration of a term to make appointments as soon as may reasonably be accomplished. Board members may be appointed to succeed themselves, for a maximum total of two successive full terms. Any service on the Board prior to this amendment shall be included in determining eligibility for future service. None of the members shall hold any other public office or position in the municipality or county while serving on this Board.

(Am. Ord. 00039, passed 7-11-00; Am. Ord. 11046, passed 7-12-11, Am. Ord. 18035, passed 6-14-18)

   Sewer line lateral inspections and water line lateral inspections are made by the Mount Pleasant Waterworks.

(Ord. 99072, passed 1-11-00; Am. Ord. 11046, passed 7-12-11)

    The Engineering and Development Services shall administer this subchapter through plan reviews and enforcement of standards that are practical and reasonable for achieving the objectives of the town. It shall not be administered in such a way to hinder or infringe on the development property rights of citizens, but to ensure site improvements proceed in a manner that protects surrounding property from flood damage and prevents the unnecessary removal of buffers and trees. Therefore, this subchapter allows each property owner the ability to responsibly remove trees, alter land, and expand development on their property while effectively managing all stormwater runoff discharging from the project boundaries. The applicant shall demonstrate compliance by submission of a stormwater management plan and tree survey depicting existing and proposed site improvements. It shall conform to the natural water course of the surrounding area or with the proposed final grades of the larger common plan for the subdivision, if applicable. Issuance of a site improvement permit does not constitute a building permit, nor does it authorize vertical construction. It shall only authorize stormwater related site improvements. The permit may be administered independently or concurrently with a building permit submittal.

(Ord. 18103, passed 1-8-19; Am. Ord. 21037, passed 5-11-21)

   (A)    Contractor shall submit the application by uploading the single-family site improvement permit application with a plan to the Town Engineering and Development Services. See submittal requirements under § 150.029.

(Ord. 18103, passed 1-8-19; Am. Ord. 21037, passed 5-11-21) Penalty, see § 150.999

   (A)   A Public Safety and Housing Officer is created and shall be an ex officio duty of the Building Official, except in situations related to the duties of the Fire Code Official, when he or she will assume the role.

(‘81 Code, § 150.53) (Ord. passed 6-24-74; Am. Ord. 23016, passed 5-9-23)

   (B)   The Public Safety and Housing Officer or his or her appointed designee shall administer and enforce the provisions of this subchapter and he or she shall have such powers and perform such duties as may be provided for him or her in this subchapter or as provided in any other town or state ordinances/statutes.

('81 Code, § 31.71) (Am. Ord. passed 12-8-92)

   (C)   The Public Safety and Housing Officer is authorized to exercise such powers as may be necessary or convenient to carry out and effectuate the purposes and provisions of this subchapter, including the following powers in addition to others hereinbefore and hereinafter granted:

      (1)   To investigate the dwelling conditions in the municipality in order to determine which dwellings therein are unfit for human habitation;

      (2)   To administer oaths, affirmations, examine witnesses, and receive evidence;

      (3)   To enter on premises for the purpose of making examinations, provided that such entries shall 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 or she deems necessary to carry out the purposes of this chapter; and

      (5)   To delegate any of his or her functions and powers under this chapter to such officers and agents as he or she may designate.

('81 Code, § 150.69) (Ord. passed 6-24-74; Am. Ord. 11046, passed 7-12-11)

   (A)   Whenever it is claimed that the true intent and meaning of this subchapter, or any of the regulations thereunder, have been misconstrued or wrongly interpreted, the owner or the duly authorized agent may appeal from the decision of the Public Safety and Housing Officer to the Council. Notice of appeal shall be in writing and filed within 30 days after the Public Safety and Housing Officer renders his or her decision.

   (B)   Whenever, in the opinion of the Public Safety and Housing Officer, a building or structure is unsafe or dangerous, he or she may in his order limit the time for appeal to a period less than 30 days but not less than seven days.

   (C)   Appeals hereunder shall be on forms provided by the Public Safety and Housing Officer.

   (D)   The Construction Board of Adjustment, when so appealed to and after a hearing, may vary the application of any provision of this code in any particular case whenever the literal enforcement thereof would do manifest injustice or would be contrary to the public interest. In the event the Board should modify the decision of the Public Safety and Housing Officer, it shall specify the particulars wherein such decision has been modified. Whenever the Board shall reverse the decision of the Public Safety and Housing Officer, its decision need not specify any particulars.

(‘81 Code, §150.68) (Ord. passed 6-24-74; Am. Ord. 11046, passed 7-12-11; Am. Ord. 23016, passed 5-9-23)

   The Council shall prepare an estimate of the annual expenses or costs to provide the equipment, personnel, and supplies necessary for periodic examinations and investigations of the dwellings in the municipality for the purpose of determining the fitness of such dwellings for human habitation, and for the enforcement and administration of its ordinances. The Council is authorized to make such appropriations from its revenues as it may deem necessary for this purpose and may accept and apply grants or donations to assist it in carrying out the provisions of this subchapter.

('81 Code, § 150.54) (Ord. passed 6-24-74; Am. Ord. 11046, passed 7-12-11)

   Nothing in this subchapter shall be construed to abrogate or impair the powers of the court or of any department of the municipality to enforce any provisions of its charter or its ordinances or regulations, nor to prevent or to punish violations thereof, and the powers conferred by this subchapter shall be in addition and supplemental to the powers conferred by any other ordinances or laws.

('81 Code, § 150.55) (Ord. passed 6-24-74; Am. Ord. 11046, passed 7-12-11)

   It shall be unlawful for any person, individually, or as the representative of any person, firm, or corporation to violate any of the terms or provisions of this subchapter.

('81 Code, § 150.61) (Ord. passed 6-24-74; Am. Ord. 11046, passed 7-12-11) Penalty, see § 150.999

   (A)   No structure may be moved to or from, or relocated upon, a lot within the town, or transported through the town, without first obtaining a moving/ relocation permit. A moving permit application shall be filed with the town. The permit fee shall be determined by the Building Official. For the moving permit application form, see Appendix A.

   (B)   For purposes of this chapter, STRUCTURE shall mean any oversized load that takes up more than one lane of traffic; or a house, a trailer, a building or other construction that will be or has been previously used, in whole or in part, for residential, commercial or other like purpose at another location. Accessory structures of 350 square feet or less will be exempt.

   (C)   The Building Official must approve any such permit.

   (D)   The Chief of Police must approve any such permit.

   (E)   The route of travel, time start, estimated travel time, photos and any other necessary and requested information must be provided to ensure public safety. For further details, see Appendix A.

(Ord. 02014, passed 4-9-02) Penalty, see § 150.999

   Any moving/relocation permits issued by the town must be in full compliance with state law. If any state highways are included within the move, a state Department of Transportation permit must also be obtained.

(Ord. 02014, passed 4-9-02) Penalty, see § 150.999

   (A)   As a condition precedent to the issuance of such permit, the Building Official shall require proof of automobile liability insurance. During the move, the moving company shall provide and maintain a comprehensive automobile liability insurance policy covering owned, hired and other non-owned automobiles. This shall be done to protect himself or herself, his or her agents, and his or her employees from claims for damage involving personal injury. This shall include wrongful death, accidental death and property damage that may arise from the use of motor vehicles engaged in various operations under this permit. The automobile liability policy shall provide minimum limits of liability as follows:

      Public Injury   $ 1,000,000 each person

      Liability   $ 2,000,000 each occurrence

      Property Damage

      Liability    $ 1,000,000 each occurrence

   (B)   The policy or policies shall name the town as additional insured and shall contain a clause that the insurer will not cancel the coverage without first giving the town 30 days notice in writing. A copy of such insurance certificates shall be provided to the Building Official. It shall indemnify the town against any damage caused by the moving of such building to streets, curbs, sidewalks, shade trees, highways, and any other property that may be affected by the moving of a building. Such insurance shall also be conditioned upon and liable for strict compliance with the terms of the permit, as to route to be taken and limit of time in which to repair and to pay the town as liquidated damages an amount not exceeding $50 to be prescribed by the Building Official for each and every day’s delay in completing such removal, in repairing any damages to property or public improvements, or in clearing all public streets, alleys or highways of all debris occasioned thereby.

(Ord. 02014, passed 4-9-02) Penalty, see § 150.999

   The mover shall indemnify and hold harmless, in writing, the town, it officers, agents and employees, from all suits, actions or claims of any character brought for, or on account of, any injuries to, death of, or damage received by any person or persons. This also applies to any property damage resulting from the operations of the mover, any of his or her agents or employees engaged in various operations under this permit.

(Ord. 02014, passed 4-9-02) Penalty, see § 150.999

   If applicable, the permittee shall be liable for the cleaning and grading of the vacated lot within 14 days of building removal. Such cleaning and grading shall be in a manner that insures the maintenance of public health, safety and welfare.

(Ord. 02014, passed 4-9-02) Penalty, see § 150.999

   If applicable, the owner of any house, building or structure proposed to be moved, shall make all necessary improvements required in order for the house, building or structure to comply with the requirements of the adopted standard building code. This must be done within 90 days of the date of issuance of the moving permit. Upon a showing of delay caused by matters beyond the control of the owner or house mover, the Building Official may grant such extensions of time, as deemed reasonable. The application for the moving permit shall be accompanied by an application for a building permit, which shall be accompanied by complete plans and specifications showing the changes or conditions of the structure. This building permit application is to be signed by the owner or the owner’s agent.

(Ord. 02014, passed 4-9-02)

   (A)   A building that occupies any portion of public property after sundown shall have sufficient lights, continually burning between sunset and sunrise, for the protection of the public.

   (B)   Flagmen may be required pursuant to the specific circumstances.

   (C)   Vehicular escorts may be required pursuant to the specific circumstances.

   (D)   Warning lights, reflectors and the like may be required pursuant to the specific circumstances.

(Ord. 02014, passed 4-9-02) Penalty, see § 150.999

   The position of the Building Official shall be established and filled in accordance with the policies of the Town Personnel Manual and the Building Official will serve as a regular employee of the town.

('81 Code, § 150.10) (Ord. passed 3-5-79; Am. Ord. passed 9-9-85; Am. Ord. 92-3A-1-G passed 3-25-92)

   The Building Official, subject to the approval of the Director of the Engineering and Development Services and the Town Administrator and in accordance with the policies of the Town Personnel Manual may fill such deputy, assistant, or clerk positions as provided for by Council.

(‘81 Code, §150.11) (Ord. passed 10-1-62; Am. Ord. passed 7-19-65; Am. Ord. 92-3A-1-G, passed 3-25-92; Am. Ord. 21037, passed 5-11-21)

   The Building Official (also known as the Building Inspector), or his or her appointed designee as designated by the Director of Engineering and Development Services, shall administer and enforce the provisions of this code relating to flood damage prevention, the International Code Council Codes as adopted by the State of South Carolina referenced in Chapter 150, excluding only the provisions of Chapter 150 specifically pertaining to the duties of the Fire Code Official. The Building Official or his or her designee shall have such powers and perform such duties as mas be provided for him or her in the chapters or as provided in any other town or state ordinances or statutes.

(‘81 Code, §150.12) (Ord. 99072, passed 1-11-00; Am. Ord. 23016, passed 5-9-23)

   Neither the Building Official nor any officer or employee under the Building Official’s charge or supervision, nor any other person having any duty under the building code except as a member of the Board of Adjustments and Appeals, shall be financially interested in the furnishing of labor, material, or appliances for the construction, alteration, or maintenance of a building, or in the making of plans or of specifications therefor, unless he or she is the owner of such building. No such officer or employee shall engage in any work which is inconsistent with his or her duties or with the interests of the office of the Building Official.

('81 Code, § 150.13) Penalty, see § 150.999

   The Building Official shall review or cause to be reviewed each and every permit requested for all proposed construction or development within the corporate limits of the municipality to assure that all necessary permits have been received by such developer from those governmental agencies from which approval is required by federal or state law, including § 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 USC 1334.

('81 Code, § 150.14) (Ord. passed 1-16-78)

   (A)   The Council finds as a fact that some realtors, contractors, and other persons are permitting the purchasers to occupy buildings which are either new buildings or for some other reason require a certificate of occupancy before such certificate of occupancy has been issued, in violation of the building code of the municipality.

   (B)   Any person, firm, corporation, or other legal entity who or which permits any other person to occupy a building requiring a certificate of occupancy before such certificate of occupancy shall have been issued, is guilty of a misdemeanor.

('81 Code, § 150.23) (Ord. passed 4-5-76) Penalty, see § 150.999

   All municipal impact fees due to the town must be paid in full prior to either the approval of the final electrical inspection or issuance of the certificate of occupancy, relative to any structure or improvements covered by the same. As such, the Building Official shall make the determination as to which one of the referenced processes applies, based on the type of structure or improvements involved. Further, if all of the municipal impact fees are not paid in full, the Building Official is specifically authorized to refuse approval of the final electrical inspection or to deny the issuance of a certificate of occupancy, whichever is applicable.

(Ord. 09019, passed 4-14-09)

   Any contractor wishing to perform work within the town must obtain and display a Town of Mount Pleasant Contractor Decal in the lower passenger side front windshield of any vehicle used to conduct business within the town. The first decal will be issued at no charge. Additional decals will be issued at a cost of $1 per decal. The Building Official shall have the authority to establish policies to administer this program.

(Ord. 00054, passed 9-22-00)

   Whoever violates any provision of this chapter for which no penalty is otherwise provided, shall be fined not more than $500 or imprisoned for not more than 30 days. However, no penalty shall exceed the penalty provided by state law for similar offenses. A separate offense shall be deemed committed on each day that a violation occurs or continues.

('81 Code, § 150.99)