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Mount Pleasant City Zoning Code

SUBCHAPTER L

ENFORCEMENT

§ 156.1575 PURPOSE.

   This subchapter establishes the procedures to enforce compliance with this chapter and to mandate corrections for violations of this chapter or conditions of an approval or permit issued under this chapter.
(Ord. passed 1-14-25)

§ 156.1576 VIOLATIONS.

   (A)   Generally.
      (1)   When any building is erected, constructed, reconstructed, altered, repaired, or converted, or any building or land is used in violation of this chapter, the Zoning Administrator is authorized and directed to institute any appropriate action to put an end to such violation.
      (2)   Pursuant to the provisions of this chapter, more specific penalties are prescribed for violations of the tree protection regulations (see Subchapter E) and the critical area buffer (see Subchapter D, Part 3).
   (B)   Types of violations. The following activities, acts, failures to act, and conditions are violations of this chapter and will be enforced using the penalties and remedies provided by this Subchapter, the Mount Pleasant Code, and any requirements or limitations of South Carolina law:
      (1)   Development or use without permit or approval. Any activity that is not authorized by the acquisition of all required permits, approvals, certificates, and authorizations required by this chapter;
      (2)   Development or use of land inconsistent with this chapter. Any activity that is inconsistent with any zoning, development, landscaping, sign, or general regulation of this chapter or any amendment to it;
      (3)   Development or use inconsistent with conditions of approval. Any activity that is inconsistent with any term, condition, or qualification placed by the town upon a required permit, certificate, rezoning, plan approval, or other form of authorization granted by the town to allow the use, development, placement of signs, or other activity upon land or improvements of land;
      (4)   Making a lot or yard nonconforming. Reducing or diminishing any lot area, lot width, lot depth, or setback so that the lot or yard is smaller than prescribed by the requirements of this chapter;
      (5)   Increasing impervious surface coverage. Increasing the impervious surface coverage on a lot so that it exceeds the maximum allowed by this chapter;
      (6)   Increasing the intensity of use. Increasing the intensity or density of use of any land or structure, except in accordance with the procedural and substantive requirements of this chapter;
      (7)   Deficient landscaping and site improvements. Failing to install or maintain any landscaping, screening, or site improvements required by this chapter;
      (8)   Removal of vegetation in buffers and bufferyards. The unauthorized removal or disturbance of vegetation from required buffers or bufferyards, except in accordance with the provisions of Subchapter D;
      (9)   Removal of protected trees. The unauthorized removal or disturbance of protected trees, except in accordance with the provisions of Subchapter E;
      (10)   Disrupting notice. Removing, defacing, obscuring, or interfering with any notice posted or made pursuant to this chapter;
      (11)   Failure to comply with a stop work order. Continuing construction or other site work on any development, building, or structure on any land or site after service of a stop work order issues by the town pursuant to this subchapter;
      (12)   Displaying a temporary sign longer than permitted. Displaying a temporary sign for a period of time in excess of that stated in the approval;
      (13)   Unauthorized changes to Zoning Map. Any change in zoning district boundaries on the Zoning Map that is not made in conformance with the procedures set forth in Subchapter I; and
      (14)   Other acts. Any other act that is prohibited by this chapter or the failure to do any act that is required by this chapter is a violation under this section and is punishable under this chapter.
   (C)   Each day constitutes a separate offense. Each day that any violation of any provision of this chapter continues constitutes a separate offense.
(Ord. passed 1-14-25)

§ 156.1577 PENALTIES.

   (A)   Generally. In case any building, structure, or land is or is proposed to be used in violation of this chapter, the Zoning Administrator or any adjacent or neighboring property owner who would be damaged by such violation, may, in addition to other remedies as provided by law, institute injunction, mandamus, or other appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance, or use, or to correct or abate the violation, or to prevent the occupancy of the building, structure, or land.
   (B)   Violation is a misdemeanor.
      (1)   Any person who violates any provision of this chapter by performing an act prohibited by it or by failing to perform an act required by it is guilty of a misdemeanor under the laws of the State of South Carolina.
         (a)   Upon conviction thereof, an offender shall be liable for a fine of not more than $500 or imprisonment for not more than 30 days, or both.
         (b)   However, the penalty shall not exceed the penalty provided by state law for similar offenses.
      (2)   The Town Council, Town Attorney, Zoning Administrator, or Planning Director, or their designee, may institute all necessary proceedings in any court having jurisdiction or other appropriate venue to prosecute violations under this chapter.
(Ord. passed 1-14-25)

§ 156.1578 ENFORCEMENT PROCEDURES.

   (A)   Notice of violation.
      (1)   In the case of violations of this chapter involving continuing construction or development or any emergency situation, the Zoning Administrator shall provide written notification to the person responsible for the violation, indicating the nature of the violation and ordering the action necessary to correct it.
      (2)   In the case of violations of this chapter not involving continuing construction or development or any emergency situation, the Zoning Administrator shall give written notice of the nature of the violation to the owner, occupant, or agent of the property at the last known address.
      (3)   The contents of the notice shall describe the nature of the violation in terms that would reasonably allow the property owner or other responsible person, representative, or tenant to determine the nature of the violation to allow for self-abatement and shall mandate a minimum 15 business day time to cure before further enforcement action will be taken.
      (4)   The person to whom notice is directed shall correct the violation or be subject to further enforcement action.
      (5)   The notice shall be personally served or sent by certified mail, return receipt requested. Failure to sign for the certified mail or failure to pick up the notice from the post office is not deemed a lack of notice under this chapter where delivery was attempted, and a record of this attempt was provided as required by procedures for restricted mail.
   (B)   Immediate enforcement.
      (1)   If the Zoning Administrator determines that an emergency situation exists or continuing construction is occurring in violation of this chapter, the town may immediately use the enforcement powers and remedies available to it pursuant to §§ 156.1577 and 156.1579.
      (2)   No other notification procedures are required as a prerequisite to an immediate enforcement action.
   (C)   Action by Zoning Administrator. The Zoning Administrator may:
      (1)   Follow up on violations until the situation is properly remedied;
      (2)   Order discontinuances of illegal use of land, buildings, or structures;
      (3)   Order the removal of illegal buildings or structures or illegal additions, alterations, or structural changes;
      (4)   Order the discontinuance of any illegal work being done; and
      (5)   Take any other action authorized by this chapter and governing law to ensure compliance with or to prevent violation of its provisions.
(Ord. passed 1-14-25)

§ 156.1579 REVOCATION OF PERMIT OR APPROVAL.

   (A)   Basis for revocation. A permit or approval may be revoked by the Zoning Administrator at any time prior to the completion of the use, building, structure, development, site improvement, or subdivision for which the permit was issued, when the Zoning Administrator determines that one or more of the following conditions is present:
      (1)   There is departure from the plans, specifications, or conditions as required under the terms of the permit;
      (2)   That the permit was procured by materially incorrect information;
      (3)   That the permit was issued in error; or
      (4)   That any of the provisions of this chapter are being violated.
   (B)   Notice. Written notice of the revocation shall be served upon the owner, the owner's agent or contractor, or any person employed in the building or structure for which the permit was issued or shall be posted in a prominent location on the lot. Where notice of revocation is served or posted, all further construction, use, or development of the lot shall cease.
   (C)   Appeal of revocation. Any revocation of a permit may be appealed to the Board of Zoning Appeals as provided in Subchapter I, Part 17.
(Ord. passed 1-14-25)