In the interpretation, application, and enforcement of this ordinance, all provisions shall be held to be minimum requirements adopted for the promotion of the public health, safety, comfort, convenience, or general welfare.

A.

Pursuant to S.C. Code of Laws, Section 6-29-905, this ordinance shall be administered and enforced by the ZONING ADMINISTRATOR. The ZONING ADMINISTRATOR may be assisted, as needed, in the administration and enforcement of this ordinance by other duly appointed persons.

B.

Duly appointed PERSONs of the TOWN are hereby authorized to enter upon private property, but not within any STRUCTURE (except as authorized by Section 9.4 O.1.q (i) and (ii)), for the purpose of enforcing the provisions of this ordinance or removing or abating any violation that may be present. 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.

C.

The enforcement duties shall include, but not be limited to:

1.

Investigating and resolving complaints pertaining to potential violation of the Development Standards Ordinance.

2.

Conducting inspections of BUILDINGs, STRUCTUREs, and uses of land to determine compliance with the provisions of this ordinance.

3.

Enforcing the provisions of this ordinance, the decisions of the Board of Zoning Appeals, and conditions placed upon a project in conjunction with land DEVELOPMENT approvals by the BZA, PLANNING COMMISSION, and/or TOWN COUNCIL.

D.

The ZONING ADMINISTRATOR shall have the authority and duty to ensure that all BUILDINGs and STRUCTUREs, and the use of all land, complies with the provisions of this ordinance. Whenever the ZONING ADMINISTRATOR determines that a violation of this ordinance has occurred or has received reliable information indicating that a violation of this ordinance is about to occur, he or she shall notify, in writing, the PERSONs responsible for such violation, indicating the nature thereof, and take such action as is necessary to correct the violation and prevent further similar violations from occurring.

E.

In general, the following steps shall be followed with respect to enforcing this ordinance and rectifying violations:

1.

Notice of Violation. Whenever the enforcement official shall find that there is a violation of the provisions of this ordinance, he or she shall serve notice to the owner and occupant of the premises to comply with the relevant provisions. Notification shall be considered sufficient if the notice is hand-delivered to the PERSON listed on the property tax rolls or deposited in the United States mail, properly stamped, certified, and sent to the address listed on the property tax rolls.

2.

Failure to Comply with Notice. If the PERSON to whom the violation notice is directed fails or neglects to comply with the provisions of this section within 15 days after the notice has been received, or within 20 days after a copy of the notice has been deposited in the United States mail, that PERSON shall be considered in violation of this section and subject to the penalties set forth in this ordinance. However, the ZONING ADMINISTRATOR or other enforcement official may, in his or her sole discretion, depending on the nature of the violation, allow additional time in which to comply.

3.

Stop Work Order/Ordinance Summons. Notwithstanding any other provision of this section, the ZONING ADMINISTRATOR may, depending on the nature of the violation, post a stop work order on the property or issue an ordinance summons at any time. In such case, no further construction or occupancy shall be permitted and all rights arising from any prior approvals shall be suspended until the violation is resolved and the stop work order is rescinded or the ordinance summons is resolved.

4.

Property subject to abatement of conditions. 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 ordinance to permit the conditions set forth in this section to exist or continue after receiving notice. 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 ordinance to abate the unlawful condition.

F.

If a violation of this ordinance is not corrected within the time period provided, enforcement officials are authorized to 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. All costs incurred in such action, including, but not limited to, inspection, administration, labor, equipment, court costs, and attorney's fees, shall become a lien on the subject property and shall be collected in the same manner as county taxes are collected.

G.

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.

H.

If any BUILDING is erected, constructed, reconstructed, altered, converted, or maintained or any BUILDING, STRUCTURE, or land is or is proposed to be used in violation of this ordinance, the ZONING ADMINISTRATOR may, in addition to other remedies, seek and/or institute injunction, mandamus, or other appropriate action or proceeding to prevent such unlawful erection, construction, reconstruction, alteration, conversion, MAINTENANCE, occupancy, or use.

A.

Any PERSON violating the provisions of this ordinance or who knowingly permits any such violation to occur, fails to comply with any of the requirements hereof, erects any BUILDING or STRUCTURE, or establishes or re-establishes any use in violation of the provisions of this ordinance or the conditions of any approval granted pursuant to this ordinance, shall be guilty of a misdemeanor subject to the enforcement provisions of this article.

1.

It shall be unlawful for any PERSON to make, or cause to be made, any unauthorized amendment to an approved site plan, fail to conform to an approved site plan, or begin any DEVELOPMENT before obtaining an approved SITE DEVELOPMENT PLAN and/or permit required by this ordinance.

2.

In case any BUILDING or STRUCTURE is erected, constructed, reconstructed, altered, maintained, or used in violation of this ordinance or amendment thereof, TOWN COUNCIL or any owner of real property adjacent or neighboring such STRUCTURE or land who may be specially damaged by the violation, in addition to other remedies provided by law, may institute an injunction, abatement, or any appropriate action or proceeding to prevent, enjoin, abate, or remove such unlawful erection, construction, reconstruction, alteration, MAINTENANCE or use, or to prevent occupancy of the BUILDING, STRUCTURE or land.

3.

In the event any land is altered, or trees destroyed, in violation of this ordinance, in addition to the penalties set forth in this article, the violator shall REPLACE or mitigate the property to its original condition to the extent possible.

B.

No permit shall be issued or approved unless the requirements of this ordinance or any amendments thereto are complied with. It is a violation of this ordinance for any PERSON to use or occupy any land, BUILDING, or STRUCTURE, or to initiate the construction, conversion, demolition, enlargement, movement, or STRUCTURAL ALTERATION of any BUILDING or STRUCTURE without the prior issuance of a ZONING PERMIT and, where required, a county building permit.

C.

Any permit or approval issued in conflict with the provisions of this ordinance shall be considered invalid from the date of issue.

D.

Any SUBDIVISION of property conducted for the purpose of fraudulently circumventing this ordinance shall be considered void and the provisions of this ordinance shall apply.

A.

Municipal Court Jurisdiction.

1.

The municipal court shall have jurisdiction to try all cases arising under the ordinances of the TOWN. The court shall also have all such powers, duties, and jurisdiction in criminal cases made under state law and conferred upon magistrates. The court shall have the power to punish for contempt of court by imposition of sentences up to the limits imposed on municipal courts. The court shall have no jurisdiction in civil matters.

2.

The municipal judge may hear and determine all cases within the jurisdiction of municipal court under state law, including violations of municipal ordinances.

B.

Fines; Penalties.

1.

Whenever the municipal judge finds a party guilty of violating a municipal ordinance or a state law within the jurisdiction of such court, he or she may impose a fine, imprisonment, or both, not to exceed $500.00 and 30 days in jail, as allowed by law.

2.

The municipal judge may suspend sentences upon such terms and conditions as he or she deems proper including, without limitation, restitution and public service employment.

3.

In addition to fines levied by the municipal court, the ZONING ADMINISTRATOR may impose mitigation requirements, as applicable.

A.

Written Request Required. Any party shall have the right to appeal from the sentence or judgment of the municipal court to the county court of common pleas. Notice of the intention to appeal, setting forth the grounds for appeal, shall be given in writing and served on the municipal judge or the municipal court clerk within 10 days after the sentence is passed, judgment is rendered, a motion for a new trial is denied, or the appeal shall be deemed waived. The party appealing shall enter into a bond, payable to the TOWN, to appear and defend such appeal at the next term of the county court of common pleas or shall pay the fine assessed.

B.

Municipal Judge's Return. In the event of an appeal, the municipal judge shall make a return to the court of common pleas, and the presiding judge shall hear the appeal upon such return. The return of the municipal judge shall consist of a written report of the charges preferred, the testimony, the proceedings, and the sentence of judgment. When the testimony has been taken by a reporter, the return shall include the reporter's transcript of the testimony. The return shall be filed with the clerk of the county court of common pleas held and the cause shall be docketed for trial in the same manner as is now provided for appeals from magistrate's courts. There shall be no trial de novo on any appeal from a municipal court.

C.

Mitigation Appeal. An appeal of any mitigation requirements imposed by the ZONING ADMINISTRATOR shall be made to the Board of Zoning Appeals, pursuant to the requirements of Section 20.2.