CODE ENFORCEMENT
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LET’S MAKE (AND KEEP) PACOLET BEAUTIFUL
The Town of Pacolet cares about your neighborhood. It’s your home. It’s where you spend a large part of your life. The town’s code enforcement officer, the town administrator, and the Pacolet Police Department are working together to combat code violations. When a violation occurs, the Code Enforcement Officer will give written notice to property owners, allowing them a reasonable time to correct problems. Owners who fail to correct the violations could be summoned to Municipal Court by the Pacolet Police Department.
The Purpose of Code Enforcement:
- Maintains a safe, clean, and pleasant environment for families to live, work, and play.
- Prevents an unsightly property from damaging or destroying the look of the rest of the well-maintained neighborhood.
- Increases property values and revitalizes neighborhoods.
To report a code violation, you may fill out the form below, call the town at 864-474-9504, or email zoning@townofpacolet.com. With any option, you can request to stay anonymous.
TOWN OF PACOLET ORDINANCE:
Chapter 14: ENVIRONMENT
ARTICLE I. – IN GENERAL
*State Law Reference-Authority to define and abate public health nuisances, S.C. Code 1976, § 5-7-30; ordinances relating to the upkeep of property within the municipality, S.C. Code 1976, § 5-7-80.
Secs. 14-1—14-18. – Reserved.
ARTICLE II. – HAZARDOUS CONDITIONS OR NUISANCES
Sec. 14-19. – Unlawful hazardous conditions.
It shall be unlawful for any person to maintain or to permit to be maintained upon any real property within the Town the following conditions which are declared to be a menace to the public health and a nuisance:
- Grass, weeds, brush, or undergrowth that grows to a height of 12 inches or more.
- Shrubbery or other plants or any sign or structure which obstructs the view of the operators of motor vehicles or which creates a dangerous or hazardous condition at the intersection of any street.
- Any accumulation of trash, litter, debris, bottles, cans, scrap lumber or other building debris.
- All structures and exterior property shall be kept free from rodent harborage and infestation. If rodents are found, they shall be promptly exterminated by approved processes which will not injure human health. After extermination, proper precautions shall be taken to eliminate rodent harborage and prevent re-infestation.
- No inoperative or unlicensed motor vehicle shall be parked, kept or stored on any premises, and no vehicle shall at any time be in a state of major disassembly, disrepair, or in the process of being stripped or dismantled. Cars are to be covered with authorized car covers; this excludes tarps of any kind. If the Town of Pacolet tows a car for any reason the owner is responsible for all towing charges.
Sec. 14-20. – Notice to owners; objections and hearing.
- Whenever it is made to appear to the council or any other officer of the Town that the conditions set forth in section 14-19 exist on any real property within the Town and are a menace to the public health or a nuisance, the Town shall notify the owner of the property by addressing to and mailing to him at his last known address a notice requiring him within 15 days to clear the premises or otherwise abate such nuisance.
- If the owner or occupant of any such property after receipt of the notice objects to the proposed removal or abatement, he shall present his objections in writing to the council within ten days after the receipt of the notice and shall request a hearing before Town council. Upon failure to object and request a hearing, the owner or occupant shall be deemed to have consented to the determination that the conditions of such property constitute a menace to the public health or are a nuisance.
Sec. 14-21. – Cost of removal.
If after notice the owner fails or refuses to clear the property or abate the nuisance, the Town may go upon the property to correct the conditions and the cost of such shall be a lien upon the property and shall be collectable in the same manner as municipal taxes.
Sec. 14-22. – Failure to remove a misdemeanor.
Any owner or occupant of property who shall fail or refuse to cut weeds, hedges, shrubs or other vegetation or remove accumulations of trash, litter or debris after receiving notice from the Town within the time prescribed by section 14-20 shall be guilty of a misdemeanor.
Sec. 14-23. – Burning rubbish
It shall be unlawful to burn any material that results in offensive or objectionable smoke, odor or emissions, or when atmospheric conditions or other local circumstances make such fires hazardous. Nothing in this section shall prohibit the open burning of leaves, tree branches or yard trimmings if attended by a responsible party at all times and not located closer than fifty (50) feet from any structure. Any person violating any of the provisions of this section shall be guilty of a misdemeanor.
Sec. 14-24. – Shrubs, etc. on property adjacent to street intersections interfering with view of vehicles.
- It shall be unlawful for owners, tenants or occupants of property contiguous or adjacent to intersections of streets to permit or maintain on such property or lot any trees, bushes, shrubbery or other plant or any sign or structure which obstructs the view of the operators of motor vehicles or which creates a dangerous or hazardous condition.
- This section shall not be applicable to intersections in which traffic is controlled by a traffic-control signal exhibiting green, yellow and red signals.
- Notification of owners to cut or remove. The owners, tenants or occupants of such property shall, within ten (10) days after receiving written notice from the Town Administrator or other duly authorized agent of the Town, remove such trees, bushes, shrubbery or other plant or sign or structure of any type as referred to in subsection A. so that the vision of persons operating motor vehicles entering intersections of streets will not be obscured or obstructed thereby, and so that the approach of other vehicles may be readily observed.
- Failure of owner to comply with notice; removal by Town; report and collection of cost. Upon the failure of the owner, tenant or occupant to comply with the notice of the Town Administrator or other duly authorized agent of the Town within ten (10) days, under the provisions of subsection C. or when such property is vacant and the owner thereof cannot be found in the Town, the Town Administrator or other duly authorized agent of the Town shall cause such weeds, hedges, shrubs or other vegetation to be cut or removed so that they will not obscure or obstruct the vision of persons operating motor vehicles entering such intersections, and will not prevent the ready observation of the approach of other vehicles. Failure to comply with such notice will result in the Town being able to file a lien on the real estate.
- Failure to remove to constitute misdemeanor. Any owner, tenant or occupant of property who shall fail or refuse to remove or cut weeds, hedges, shrubs or other vegetation there from, after receiving notice from the Town Administrator or other duly authorized agent of the Town, and within the time prescribed in subsection D., shall be guilty of a misdemeanor.
Sec. 14-25. – Burned-out buildings.
It is hereby declared that partially burned-out buildings are unsightly and constitute a public nuisance.
Sec. 14-26. – Dilapidate buildings. (Residential and Business)
It is hereby declared that buildings, both residential and business, which are permitted by an owner to become dilapidated to the extent that rubbish, debris, and unsightly material or conditions exist, constitute a public nuisance.
Chapter 6 – BUILDING AND BUILDING REGULATIONS
ARTICLE I. – IN GENERAL
*State law references: Building codes, S.C. Code 1976, § 6-9-5 et seq.; adoption by reference of certain
codes, S.C. Code 1976, § 6-9-60; derelict mobile homes, S.C. Code 1976, § 6-1-150 et seq.; local
government may not enforce a nationally recognized building code provisions regulating farm
structures, S.C. Code 1976, § 6-9-65(B); local government responsibility to enforce barrier-free building
design standards, S.C. Code Reg. 19-400.3(B).
Secs. 6-1—6-17. – Reserved.
ARTICLE II. – TECHNICAL CODES
Sec. 6-18. – Codes adopted.
The currently adopted building codes enforced in the Town of Pacolet are those, which the State of
South Carolina has mandated by legislation and as posted by the South Carolina Labor, Licensing and
Regulation Building Codes Council (www.llr.state.sc.us/POL/BCC/.). In addition, the Town of Pacolet, by
local ordinance also adopts Chapter I Administration in its entirety as referenced in the enacted
International Codes.
ARTICLE III. UNSAFE BUILDINGS
Sec. 6-19. – Standard Unsafe Building Abatement Code adopted.
There is hereby adopted by the Town for the purpose of establishing methods, rules and regulations for
the abatement of unsafe buildings that certain code known as the Standard Unsafe Building Abatement
Code, most recent edition, published by the International Property Maintenance Code, 2015 edition,
which edition is on file in the office of the building official, to the same extent and in the same manner
as if it were printed herein in its entirety.
Sec. 6-20. – Failure of owner to comply with notice; remedy by Town; collection of costs.
a) If the owner of any unsafe building shall fail to comply with the final notice and order of the Town
Administrator or his designated representative to repair, remedy or demolish any building
determined to be unsafe in the Town, the Town Administrator may cause such unsafe building to be
determined or removed.
b) Any and all furniture or personal property found within such building may be sold by the Town and
any all material resulting from the demolition of such unsafe building may be sold by the Town and
all proceeds thereof shall be credited against the cost of the removal or demolition. Any balance
remaining from the sale of all furniture or personal property shall be held by the Town Clerk of the
Town and disbursed to such persons as shall be found entitled thereto. The demolition or removal
of such building shall not preclude the prosecution of the owner for failing to comply with the
provisions of this article.
c) If the materials of such building and any furniture or personal property found therein fail to bring a
sufficient amount to defray the cost of demolition or removal, then the cost of demolition or any
balance remaining thereon shall constitute a lien against the real property upon which such cost was
incurred. The Town Clerk shall maintain a ledger listing any and all liens resulting from the
enforcement of this section.
Sec. 6-21. – Security of dwelling units so as to prevent casual entrance by unauthorized personnel.
All units must be secured so as to preclude entrance into the dwelling units by unauthorized personnel.
Sec. 6-22. – Violation of failure to secure dwelling units.
The failure of the owner of any dwelling unit to secure a residential unit within ten (10) days after
written demand by the Town to secure the dwelling shall constitute a violation of this Code and be
subject to general penalty as contained in section 1-14 herein as a continuing violation. The Town may
at its option secure the dwelling and tax the costs of securing the unit as a lien upon the property.
Secs. 6-23–6-29. – Reserved.
ARTICLE VI. DEMOLITION
Sec. 6-30. – Time limit established.
Whenever a permit is issued for the demolition, tearing down or destruction of any building or structure
in the Town, the owner, contractor or person securing such permit shall complete the demolition,
tearing down or destruction within thirty (30) days after beginning work. Demolition is defined as the
act of razing and dismantling of a building or structure or portion thereof to the ground level.
Sec. 6-31. – Extension of time.
Wherever a building or structure to be demolished is of such size that it cannot be demolished within
thirty (30) days, the owner, contractor or person securing the permit may apply to the Town
Administrator for additional time within which to complete the tearing down or demolition; provided,
that it is shown that work has been regularly and continuously performed and will be regularly and
continuously performed until completion of the demolition.
Secs. 6-32–6-41. – Reserved.
ARTICLE V. DWELLINGS AND DWELLING UNITS UNFIT FOR HUMAN HABITATION
Sec. 6-42. – Declaration of existence of substandard dwellings and dwelling units.
The Town Council finds and hereby declares that there exist, within the corporate limits of the Town,
dwellings and dwelling units which are unfit for human habitation, due to dilapidation, defects
increasing the hazards of fire, accident or other calamities, lack of ventilation, light or sanitary facilities,
or other conditions rendering such dwellings and dwelling units unsafe or unsanitary, dangerous or
detrimental to the health, safety or morals or otherwise inimical to the welfare of the residents of the
Town.
Sec. 6-43. – Responsibility of occupant.
The occupant shall be responsible for:
(1) Keeping water and electrical service turned on to the property at all times when the
dwelling is occupied by humans;
(2) Protecting the water system serving the dwelling by cutting off and draining the system
in cold weather where cutoffs are provided by the owner;
(3) Providing adequate covered containers with tight-fitting lids for refuse and trash and
maintaining the dwelling or dwelling unit in a clean and sanitary condition, free from
accumulation of filth, dirt, rubbish or garbage and free from vermin infestation or
harbors. This shall be the responsibility of the occupant with the exception of the shared
or public portion of multi-dwelling, which portion shall be the responsibility of the
owner.
Sec. 6-44. – Violations of article by occupant of dwelling.
Any occupant, individually, or the representative of any occupant, who interferes in the enforcement of
this article or who fails to comply with any orders issued by the Town Council when such orders apply to
the occupant of the dwelling or dwelling unit, or who shall damage, mutilate or remove or who shall
cause to be damaged, mutilated or removed from or in a dwelling or dwelling unit any of its facilities or
any other part or parcel of the dwelling or dwelling unit, or shall willfully or maliciously deposit any
material in any plumbing fixture which results in the obstruction of the sanitary sewer or the blockage of
the plumbing fixture, upon conviction thereof before the Town recorder, shall be punished as provided
by section 6-45. This provision shall not relieve the owner of the responsibility of relieving any plumbing
blockage.
Sec. 6-45. – Penalty for violation of article.
The owner of any dwelling or dwelling unit unfit for human habitation under the various sections of this
article who shall fail to comply with any final orders to repair, vacate or demolish such dwelling or
dwelling unit issued by the Town Council shall be guilty of a misdemeanor. Any person removing or
defacing any notice posted on any dwelling or dwelling unit by any authorized officer under the terms of
this article shall be guilty of a misdemeanor, and any person, individually, or as the representative of any
person, who shall otherwise violate any of the terms or provisions of this article, or interfere in any way
with the enforcement thereof, or shall receive or collect rental accruing after the expiration of the time
limit set forth in any final order issued by the Town Council or who shall damage, mutilate or remove or
who shall cause to be damaged, mutilated or removed from or in a dwelling or dwelling unit any of its
facilities referred to in section 6-42 shall be guilty of a misdemeanor.
Sec. 6-46. – Article cumulative; not to restrict Town’s power to declare, abate, etc., nuisances.
Nothing in this article shall be construed to impair or limit in any way the power of the Town to define or
declare nuisances and to cause their removal or abatement by summary proceedings or otherwise. The
measures and procedures provided for in this article do not supersede, and this article does not repeal,
any other measures or procedures which are provided by ordinance or by state law for the elimination,
repair or correction of the conditions referred to in section 6-42, but the measures and procedures
provided for in this article shall be in addition to the others.
