Charleston, S.C., City Code § 21-51 Definitions.
Sec. 21-51. - Definitions.
[The following words and terms when used in this article shall for the purpose of this article have the meanings respectively ascribed to them in this section.]
(a) Abatement means the removal, stoppage, prostration, or destruction of that which causes or constitutes a nuisance, whether by breaking or pulling it down, or otherwise destroying, or effacing it.
(b) Architecturally or historically significant structure means any property that is over fifty (50) years old or subject to the authority of the Board of Architectural Review as described in section 54-232 [Zoning Ordinance].
(c) Department means the city department having proper jurisdiction of the abatement of the type of nuisance generating a complaint or requiring action.
(d) Owner means the owner of record based on the Charleston County Tax Assessor's record or any person with legal, financial or equitable interest in the property on which the alleged public nuisance exists at the time of the violation.
(e) Property means any real property, premises, structure or location on which a public nuisance is alleged to exist.
(f) Public nuisance means any fence, wall, shed, deck, house, garage, building, structure or any part of any of the aforesaid; or exterior surfaces, including but not limited to exterior doors, door and window frames, cornices, porches, trim, balconies, decks, fences, peeling, flaking or chipped paint, siding, masonry joints, skylights, roofs, or metal surfaces; or any tree, pole, smokestack; or any excavation, hole, pit, basement, cellar, sidewalk subspace, dock, wharf or landing dock; or any lot, land, yard, premises or location which in its entirety, or in any part thereof, by reason of its use, permitted use, or the condition in which the same is found or permitted to be or remain, shall or may endanger the health, safety, life, limb or property, or cause any hurt, harm, inconvenience, discomfort, damage or injury to any one or more individuals in the city, in any one or more of the following particulars:
(1) By reason of being a menace, threat and/or hazard to the general health and safety of the community.
(2) By reason of being a fire hazard.
(3) By reason of being unsafe for occupancy, or use on, in, upon, about or around the aforesaid property.
(4) By reason of lack of sufficient or adequate maintenance of the property, and/or being vacant, any of which depreciates the enjoyment and use of other properties in the immediate vicinity to such an extent that it is harmful to the community in which such property is situated or such condition exists.
(5) By reason of endangering the architectural preservation of a structure or its appurtenances or by reason of not being weather resistant or water tight.
(g) Further, public nuisances shall also include but not be limited to the following acts, omissions, conditions or things:
(1) Overhanging obstructions.
a. All signs and billboards, awnings and other similar structures over or near streets, sidewalks, public grounds of places frequented by the public, so situated or constructed as to endanger the public safety;
b. All trees, hedges, billboards or other obstructions which prevent persons driving vehicles on public streets, alleys or highways from obtaining a clear view of traffic or traffic control devices (signs or traffic signals) when approaching an intersection or pedestrian cross-walk;
c. All limbs of trees or vegetative growth which project over a public sidewalk, less than eight (8) feet six (6) inches above the surface thereof or less than fifteen (15) feet above the surface of a public roadway;
d. All wires over streets, alleys or public grounds which are strung less than fifteen (15) feet above the surface of street or ground.
(2) Safety and obstruction of streets.
a. All obstructions of streets, alleys, sidewalks, traffic control devices, or crosswalks and all excavations in or under the same, except as permitted by the ordinances of the city or which, although made in accordance with such ordinances, are kept or maintained for an unreasonable length of time after the purpose thereof has been accomplished;
b. All open and unguarded pits, wells, excavations or basements freely accessible from any public street, alley or sidewalk;
c. Any unauthorized or unlawful use of property abutting on a public street, alley or sidewalk or of a public street, alley or sidewalk which causes large crowds of people to gather, obstructing traffic and free use of the streets or sidewalks;
d. Unless authorized by the city, any lawful use of property abutting on a public street, alley or sidewalk or of a public street, alley or sidewalk which causes large crowds of people to gather, obstructing traffic and free use of the streets and sidewalks;
e. Unless authorized by the city, any use or activity on the public rights-of-way which creates, causes, contributes or allows large crowds of people to gather or is an obstruction to the public rights-of-way, including, but not limited to, crates, tables, boxes, merchandise, goods, wares or other fixtures, articles, or personal property whatsoever, whether they be for sale, exhibition, observation, display, or any other purpose;
f. Three or more violations by a commercial enterprise of local or state business licensing regulation, ordinance, or statute prohibiting the maintenance of a public nuisance as defined herein. For purposes of this section a violation shall mean an implementation of an enforcement action in response to a violation of law, with or without an arrest or conviction.
(3) Abandoned items
a. All abandoned refrigerators or iceboxes;
b. All abandoned vehicles as defined in section 14-31 of this Code;
c. Any abandoned mechanical equipment including, but not limited to air conditioners, heat pumps, boilers or furnaces.
d. All abandoned sheds or cargo containers.
(4) Environmental concerns.
a. Carcasses of animals not buried or otherwise disposed of in a sanitary manner within twenty-four (24) hours after death;
b. Accumulations of decayed animal or vegetable matter, trash, rubbish, construction materials, furniture, furnishings, bedding, packing material, scrap metal or any material whatsoever in which flies, mosquitoes, disease-carrying insects, rats or other vermin may breed;
c. All stagnant water in which mosquitoes, flies or other insects can multiply;
d. Privy vaults and garbage or refuse containers that are not insect-proof;
e. All noxious weeds or vegetation;
f. The escape of smoke, soot, cinders, noxious acids, fumes, gases, fly ash or industrial dust within the city limits or within one mile therefrom in such quantities as to endanger the health of persons of ordinary sensibilities or to threaten or cause substantial injury to property;
g. The pollution of any public well or cistern, stream, lake, canal or body of water;
h. Any use of property, substances or things within the city emitting or causing any foul, offensive, noisome, nauseous, noxious, or disagreeable odors, effluvia or stenches repulsive to the physical senses of ordinary persons which may annoy, discomfort, injure or inconvenience the health thereof.
(5) Sampling. The act of casting throwing, depositing, placing, posting, affixing, circulating or distributing, or causing to be cast, thrown, deposited, placed, posted or affixed, circulated or distributed any free product, free merchandise, or free sample of a product or merchandise for the purpose of advertising merchandise, commodity, property, trade, business service, service, art or skill from or upon any sidewalk or building:
a. On King Street between Line Street and Broad Street;
b. On streets crossing King Street for one (1) block in either direction of King Street between and including Line Street and Broad Street;
c. On North and South Market Streets, between King Street and East Bay Street; and
d. On streets crossing North and South Market Streets for one (1) block in either direction from North and South Market Streets between and including King and East Bay Street.
(h) Summary abatement means abatement of the nuisance by the city, by removal, repair, or other acts with limited notice to the owner, agent, or occupant of the property.
(Ord. No. 2000-22, § 1, 2-22-00; Ord. No. 2003-82, §§ 1, 2, 8-19-03; Ord. No. 2010-01, § 1, 1-12-10; Ord. No. 2010-232, § 1, 9-28-10; Ord. No. 2013-112, § 1, 10-22-13; Ord. No. 2020-172, § 1, 12-1-20)