ABATEMENT

Charleston, S.C., City Code ch. 21, art. III, div. 2

in effect

Charleston, S.C., City Code § 21-61 Abatement; immediate danger.

Sec. 21-61. - Abatement; immediate danger. (a) Whenever a complaint is made to a city department of the existence of a public nuisance, as defined in section 21-51, that department shall promptly determine whether it has proper jurisdiction over the type of nuisance to be abated or whether another city department has proper jurisdiction. If it is determined that another city department, other than the one receiving the initial complaint, has proper jurisdiction then the proper department shall be notified immediately. In any event, the appropriate city department exercising jurisdiction shall cause to be inspected the property on which it is alleged that such public nuisance exists. Should the department find that a public nuisance exists, and that the public health, safety or welfare may be in immediate danger, then summary abatement procedures shall be implemented and the department may cause the nuisance to be removed or abated. The department shall notify the chief building official if the public nuisance involves a building that appears structurally unsafe. The chief building official, upon being notified by the department shall cause the building on which it is alleged such public nuisance exists to be inspected and submit a written report of such inspection, including photographs, and the findings to the department that made the initial report. (b) When summary abatement is authorized, the department shall issue a notice to the owner under the provisions of 21-62 (b) and (c) and shall simultaneously post the property. Within fifteen (15) days after the posting and mailing of a notice to abate a nuisance, the owner, agent of the owner, or individual in possession of the affected property shall remove and abate such nuisance. (c) Nothing in this chapter shall limit the authority or powers of the chief building official or chief fire official as otherwise provided in this Code. (Ord. No. 2000-22, § 1, 2-22-00)

Charleston, S.C., City Code § 21-62 Abatement in other cases.

Sec. 21-62. - Abatement in other cases. (a) Whenever a complaint is made to a city department of the existence of a public nuisance, as defined in Section 21-51, that department shall promptly determine whether it has proper jurisdiction over the type of nuisance to be abated or whether another city department has proper jurisdiction. If it is determined that another city department, other than the one receiving the initial complaint, has proper jurisdiction then the proper department shall be notified immediately. In any event, the appropriate city department exercising jurisdiction shall promptly cause to be inspected the property on which it is alleged that such public nuisance exists. If, after inspecting the property on which the nuisance is reported, the department declares the existence of a public nuisance, but the nature thereof is not such as to require the summary abatement of such nuisance, then, regular abatement procedures shall be followed. Photographs and reports of the findings and inspections shall be made and filed with the department. (b) The department shall determine the individual, firm or corporation who, from the records in the county tax assessor's office, appears to be the titled owner of the aforesaid property and cause a written notice to be served on such individual, firm or corporation by personal service or by leaving a copy of the notice at the usual place of residence or business of such owner, or address of such owner shown in the county tax assessor's records, or by copy mailed to such owner at such place or address by United States certified mail return receipt. If service of such written notice is unable to be perfected by any of the methods described above, the department shall cause a copy of the aforesaid notice to be published in a newspaper of general circulation in the city, once a week for two (2) consecutive weeks, and shall further cause a copy of the aforesaid notice to be left with the individual, if any, in possession of such property on which it is alleged such public nuisance exists, or if there is no individual in possession thereof, the department shall cause a copy of the notice to be posted at such structure, location or premises. The department shall also determine from the office of the county register of mesne conveyance, who the lienholder of the property, if any, as documented therein, is and cause a written notice to be served on such lienholder by United States mail return receipt. (c) The aforesaid notice to the owner, and lienholder, if any, of the property shall state clearly and concisely the findings of the department with respect to the existence of a public nuisance. The notice shall further state that unless the owner thereof shall cause the abatement of the public nuisance, pursuant to the orders contained in the departments notice, the public nuisance shall be abated by the city at the expense of the owner. (d) Any person who is the record owner of the premises, location or structure at the time an order pursuant to this article is issued and served upon him, shall be responsible for complying with that order, and liable for any costs incurred by the city therewith, notwithstanding the fact that he conveys his interests in the property to another after such order was issued and served. (e) It shall not be a defense to the determination that a public nuisance exists that the property is boarded up or otherwise enclosed. (Ord. No. 2000-22, § 1, 2-22-00)

Charleston, S.C., City Code § 21-63 Abatement by owner.

Sec. 21-63. - Abatement by owner. (a) Within thirty (30) days after the posting and mailing of a notice to abate a nuisance, the owner, agent of the owner, or individual in possession of the affected property shall remove and abate such nuisance or show that no nuisance in fact exists. The owner, agent of the owner, or individual in possession of the affected property shall file a written statement with the department that no nuisance in fact exists. However, the mere filing of the statement alone shall not be conclusive evidence of compliance with this ordinance, but shall be subject to verification and/or rebuttal by the department. (Ord. No. 2000-22, § 1, 2-22-00)

Charleston, S.C., City Code § 21-64 Appeal procedures; hearing.

Sec. 21-64. - Appeal procedures; hearing. (a) The owner or occupant of the property who has been served with a notice pursuant to this article that a public nuisance exists and that it must be abated within thirty (30) days, may, within ten (10) calendar days after receipt of such notice, make a written demand to the department for a hearing on the question of whether a public nuisance in fact exists. Further, in those instances where the nuisance has been abated by the city, the owner or occupant of the property who has been served with a notice pursuant to this article may, within ten (10) days after completion of the abatement, demand to the department for a hearing to review the cost of the abatement. The hearings as allowed under this section shall be held as soon as practical but in any event no later than thirty (30) calendar days following receipt by the department of the written demand and at least two (2) days' notice of the hearing shall be given to the individual who made the written demand for the hearing. Further, the department shall advise the owner of the time and location of the hearing and the right to present evidence and to be represented by counsel. The hearing shall be informal and the decision of the board, as defined in subsection (b), shall be final. (b) The hearing shall be conducted by the livability review board as established in section 7-14 of article I, chapter 7 of this Code. The board may amend or modify the notice and/or order, or extend the time for compliance with the department's order by the owner by such date as the majority of the appeals board may determine. (c) The owner, agent of the owner, occupant and lienholder, if any, of the subject property shall be given the opportunity to present evidence to the appeals board in the course of the hearing. (d) In those instances where the nuisance has been abated by the city, and upon application of the owner, the appeals board shall have discretion to waive the cost of abating a nuisance, in whole or in part, if, in the course of the hearing reviewing the decision, the appeals board finds that any of the following did not conform to the provisions of this article: (1) The notice to remove the nuisance; (2) The work performed in abating the nuisance; or (3) The computation of charges. (Ord. No. 2000-22, § 1, 2-22-00; Ord. No. 2023-048, § 2, 3-14-23)

Charleston, S.C., City Code § 21-65 Abatement by city; cost of abatement; court action.

Sec. 21-65. - Abatement by city; cost of abatement; court action. (a) If the nuisance is not abated within the time provided or if the owner, occupant or person causing the nuisance cannot be found, the city shall cause the abatement or removal of such public nuisance. (b) In addition to any other penalty imposed by this article for the erection, contrivance, creation, continuance or maintenance of a public nuisance, the cost of abating a public nuisance by the city shall become a lien upon the real estate and shall be collectable in the same manner as municipal taxes. Nothing contained in this article shall prohibit the city from exercising its rights to cause an action to abate such nuisance to be commenced in the name of the city in a court of competent jurisdiction in accordance with the provisions of the state statutes. (Ord. No. 2000-22, § 1, 2-22-00)

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_CH21OF_ARTIIINU_DIV2ABFetched: 11/7/2026