PROCEDURE FOR DETERMINING HABITABILITY

Charleston, S.C., City Code ch. 7, art. IV, div. 2

in effect

Charleston, S.C., City Code § 7-91 Minimum standards, generally.

Sec. 7-91. - Minimum standards, generally. (a) A dwelling shall be determined to be unfit for human occupancy whenever it is found that such dwelling is to be an unsafe dwelling, or unlawful, or because of the degree to which the dwelling is in disrepair or lacks maintenance, is unsanitary, vermin or rat infested, contains filth and contamination, or lacks ventilation, illumination, sanitary or heating facilities or other essential equipment required by the International Residential Building Code, or because the location of the dwelling constitutes a hazard to the occupants of the dwelling or to the public. (b) At a minimum all dwelling structures shall have: (1) Access to a code compliant exit from the building and every room used for sleeping; (2) Fresh water from a South Carolina Department of Health and Environmental Control approved well or from a public water system supplied to the individual building through an on site water meter; (3) On-site sanitary waste disposal provided by a South Carolina Department of Health and Environmental Control approved septic system or from an approved private or public waste water system; (4) Electricity from the public utility company provided through an on site electric meter or a city-approved alternative power source; (5) An approved source of heat from October 1st through May 1st; and (6) A lock for all exterior doors. (Ord. No. 2010-110, § 1, 7-20-10)

Charleston, S.C., City Code § 7-92 Complaint of building unfit for human habitation; notice of hearing thereon.

Sec. 7-92. - Complaint of building unfit for human habitation; notice of hearing thereon. Whenever a petition is filed with the public safety and housing officer by a public authority or by at least five (5) residents of the city charging that any dwelling is unfit for human habitation or whenever it appears to the public safety and housing officer (on his own motion) that any dwelling is unfit for human habitation, the public safety and housing officer shall, if his preliminary investigation discloses a basis for such charges, issue and cause to be served upon the owner of and parties in interest in such dwelling, a complaint stating the charges in that respect and containing a notice that a hearing will be held before the public safety and housing officer (or his designated agent) at a place therein fixed not less than ten (10) days nor more than thirty (30) days after the serving of such complaint. (Ord. No. 2010-110, § 1, 7-20-10)

Charleston, S.C., City Code § 7-93 Right to answer.

Sec. 7-93. - Right to answer. The owner and parties in interest shall be given the right to file an answer to the complaint and to appear in person, or otherwise, and give testimony at the time and place fixed in the complaint; and that the rules of evidence prevailing in courts of law or equity shall not be controlling in hearings before the public safety and housing officer. (Ord. No. 2010-110, § 1, 7-20-10)

Charleston, S.C., City Code § 7-94 Determination of unfitness for human habitation; order to repair, alter, improve or demolish.

Sec. 7-94. - Determination of unfitness for human habitation; order to repair, alter, improve or demolish. If, after notice and hearing, as provided for in section 7-92, the public safety and housing officer determines that the dwelling under consideration is unfit for human habitation he shall state in writing his findings of fact in support of such determination and shall issue and cause to be served upon the owner thereof an order: (1) If the repair, alteration or improvement of the dwelling can be made at a reasonable cost in relation to the value of the dwelling, requiring the owner, within the time specified in the order, to repair, alter, or improve such dwelling to render it fit for human habitation or to vacate and close the dwelling as a human habitation; or (2) If the repair, alteration or improvement of such dwelling cannot be made at a reasonable cost in relation to the value of the dwelling, requiring the owner, within the time specified in the order, to remove or demolish such dwelling. (Ord. No. 2010-110, § 1, 7-20-10)

Charleston, S.C., City Code § 7-95 Repair or vacation and closing of building when owner fails to comply with order; posting of placard indicating that building is closed.

Sec. 7-95. - Repair or vacation and closing of building when owner fails to comply with order; posting of placard indicating that building is closed. If the owner fails to comply with an order to repair, alter or improve or to vacate and close the dwelling, as provided in section 7-94, the public safety and housing officer may cause such dwelling to be repaired, altered, or improved or to be vacated and closed; and the public safety and housing officer may cause to be posted on the main entrance of any dwelling so closed, a placard with the following words: "This building is unfit for human habitation; the use or occupation of this building for human habitation is prohibited and unlawful." (Ord. No. 2010-110, § 1, 7-20-10)

Charleston, S.C., City Code § 7-96 Removal or demolition of building when owner fails to comply with order.

Sec. 7-96. - Removal or demolition of building when owner fails to comply with order. If the owner fails to comply with an order to remove or demolish the dwelling, as provided in section 7-94, the public safety and housing officer may cause such dwelling to be removed or demolished. (Ord. No. 2010-110, § 1, 7-20-10)

Charleston, S.C., City Code § 7-97 Cost of demolition or repair as lien; sale of material upon demolition of building; council's powers to declare nuisance.

Sec. 7-97. - Cost of demolition or repair as lien; sale of material upon demolition of building; council's powers to declare nuisance. The amount of the cost of repairs, alterations, or improvements, or vacating and closing, or removal and demolition by the public safety and housing officer, under sections 7-94 and 7-95 shall be a lien against the real property upon which such cost was incurred. If the dwelling is removed or demolished by the public safety and housing officer, he shall sell the materials of such dwelling and shall credit the proceeds of such sale against the cost of the removal and demolition and any balance remaining shall be deposited in the circuit court by the public safety and housing officer, shall be secured in such manner as may be directed by such court, and shall be disbursed by such court to the person found to be entitled thereto by final order or decree of such court; provided, however, that nothing in this article shall be construed to impair or limit in any way the power of the city council to define and declare nuisances and to cause their removal or abatement, by summary proceedings or otherwise. (Ord. No. 2010-110, § 1, 7-20-10)

Charleston, S.C., City Code § 7-98 Service of complaints and orders; posting of copy of complaint or order; copy of complaint or order to be filed with clerk of county; effect of such filing as lis pendens.

Sec. 7-98. - Service of complaints and orders; posting of copy of complaint or order; copy of complaint or order to be filed with clerk of county; effect of such filing as lis pendens. Complaints or orders issued by the public safety and housing officer pursuant to this article shall be served upon persons either personally or by registered mail, but if the whereabouts of such persons is unknown and the same cannot be ascertained by the public safety and housing officer in the exercise of reasonable diligence, and the public safety and housing officer shall make an affidavit to that effect, then the serving of such complaint or order upon such persons may be made by publishing the same once each week for two (2) consecutive weeks in a newspaper printed and published in the city. In addition to publication, a copy of such complaint or order shall be posted in a conspicuous place on the premises affected by the complaint or order. A copy of such complaint or order shall also be filed with the clerk of the county and the Register Mesne Conveyance Office and such filing of the complaint or order shall have the same force and effect as other lis pendens notices provided by law. (Ord. No. 2010-110, § 1, 7-20-10)

Charleston, S.C., City Code § 7-99 Injunctive relief against public officer; damages not to flow from order of public safety and housing committee.

Sec. 7-99. - Injunctive relief against public officer; damages not to flow from order of public safety and housing committee. (a) Any person affected by an order issued by the public safety and housing officer may petition the circuit court for an injunction restraining the public safety and housing officer from carrying out the provisions of the order, and the court may, upon such petition, issue a temporary injunction restraining the public safety and housing officer pending the final disposition of the cause; provided, however, that within sixty (60) days after the posting and service of the order of the public safety and housing officer such persons shall petition such court. Hearings shall be had by the court on such petitions within twenty (20) days or as soon thereafter as possible. (b) The court shall hear and determine the issues raised and shall enter such final order or decree as law and justice may require. In all such proceedings the findings of the public safety and housing officer as to facts, if supported by evidence, shall be conclusive. Costs shall be in the discretion of the court. The remedies herein provided shall be exclusive remedies and no person affected by an order of the public safety and housing officer shall be entitled to recover any damages for action taken pursuant to any order of the public safety and housing officer, or because of compliance by the chief building official, the director of code enforcement, or the fire chief with any order of the public safety and housing officer. (Ord. No. 2010-110, § 1, 7-20-10)

Charleston, S.C., City Code § 7-100 Immunity of enforcement personnel from liability.

Sec. 7-100. - Immunity of enforcement personnel from liability. Except as may otherwise be provided by statute or local law or ordinance, no officer, agent or employee of the municipality charged with the enforcement of this article shall render himself personally liable for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of his duties under this article. No person who institutes, or assists in the prosecution of, a criminal proceeding under this article shall be liable to damages hereunder unless he acted with actual malice and without reasonable grounds for believing that the person accused or prosecuted was guilty of an unlawful act or omission. Any suit brought against any officer, agent, or employee of the municipality, as a result of any act required or permitted in the discharge of his duties under this article, shall be defended by the legal representative of the municipality until the final determination of proceedings therein. (Ord. No. 2010-110, § 1, 7-20-10)

Charleston, S.C., City Code § 7-101 Article provisions are cumulative.

Sec. 7-101. - Article provisions are cumulative. Nothing in this article shall be construed to abrogate or impair the powers of the courts or of any department of any municipality to enforce any provisions of its charter or its ordinances or regulations, or to prevent or punish violations thereof and the powers conferred by this article shall be in addition and supplemental to the powers conferred by any other law. (Ord. No. 2010-110, § 1, 7-20-10)

Charleston, S.C., City Code § 7-102 Severability.

Sec. 7-102. - Severability. It is declared the intent of city council that the sections, subsections, paragraphs, sentences, clauses and phrases of this article are severable; and if any such provision shall be declared unconstitutional or otherwise invalid or unenforceable by a court of competent jurisdiction, it shall not affect the validity or enforceability of any remaining provisions of this article, and it is the intent of city council that such provisions shall continue in full force and affect. (Ord. No. 2010-110, § 1, 7-20-10)

Source: City of Charleston, South Carolina, Code of Ordinances and Zoning Ordinance (Municode Library, library.municode.com)URL: https://library.municode.com/sc/charleston/codes/code_of_ordinances?nodeId=CICO_CH7BUBURE_ARTIVHO_DIV2PRDEHAFetched: 11/7/2026