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S. 1405
STATUS INFORMATION
General Bill
Sponsors: Senator Knotts
Document Path: l:\council\bills\ms\7661ahb08.doc
Introduced in the Senate on May 22, 2008
Currently residing in the Senate Committee on Judiciary
Summary: Property maintenance
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 5/22/2008 Senate Introduced and read first time SJ-21 5/22/2008 Senate Referred to Committee on Judiciary SJ-21
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 9 TO CHAPTER 17, TITLE 16 TO BE ENTITLED "PROPERTY MAINTENANCE" SO AS TO SET CERTAIN MINIMUM STANDARDS FOR THE CONTROL OF WEEDS, RANK VEGETATION, AND DEBRIS ON PROPERTY WHICH IS DELETERIOUS TO GOOD HEALTH AND SANITATION, TO PROVIDE A PENALTY, AND TO PROVIDE AN EXCEPTION FOR EXISTING LOCAL ORDINANCES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 17, Title 16 of the 1976 Code is amended by adding:
Section 16-17-1010. (A) For purposes of this section:
(1) 'Weeds and rank vegetation' means dense, uncultivated, herbaceous overgrowth over two feet in height or briars and trailing vines exceeding ten feet in length.
(2) 'Residential area' means property zoned for residential use, platted for residential use with a plat begun, installation of utilities begun, and construction of residential units commenced.
(B) Weeds and other rank vegetation allowed to grow to a height of two feet or more and stand upon a lot or parcel of land in a developed residential area within the county may be deemed and declared a nuisance in the judgment of the sheriff with jurisdiction over the location of the property.
(C) It is the duty of any owner, lessee, occupant, agent, or representative of the owner of a lot or parcel of land in a developed residential area within the county to cut, or cause to be cut, all weeds and other rank vegetation, as defined in this section, as often as may be necessary to prevent the growth of weeds and other rank vegetation. However, lots of one acre or more are not required to be cut back more than fifty feet from the road and each side of the property line.
(D) When the sheriff finds that weeds or other rank vegetation is allowed to stand upon a lot or parcel of land in a developed residential area within the county in a manner as to constitute a nuisance, he may serve written notice upon the owner, the occupant of the premises, or upon the agent or representative of the owner of the land having control of it to comply with the provisions of this section. It is sufficient notification to deliver the notice to the person to whom it is addressed or to deposit a copy of the notice in the United States mail, properly stamped, certified, and directed to the person to whom the notice is addressed or to post a copy of the notice upon the premises.
(E) If the person to whom the notice is directed, pursuant to the provisions of subsection (D), fails or neglects to cause the weeds or other rank vegetation to be cut and removed from the premises within ten days after notice is served or deposited in the United States mail, or posted upon the premises, the person is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars.
(F) If property is determined to be a nuisance, and twenty days elapse after notice is served, deposited in the United States mail, or posted upon the premises, then the sheriff's department or its duly authorized agent or representative may enter upon the lands and abate the nuisance by cutting and removing the weeds or other rank vegetation, and the cost of doing so may become a lien upon the property affected, or may be recovered by the county through judgment proceedings initiated in a court of competent jurisdiction.
(G) Upon the written request by the owner or the person in control of a lot or parcel of land covered by this section, and the payment to the county for the services, the sheriff's department or its duly authorized agent or representative may enter upon the lands and cut and remove the weeds or other rank vegetation from the property, the charge and cost of the service to be paid to the county.
Section 16-17-1020. (A) For purposes of this section:
(1) 'Debris' means refuse, rubbish, trash, garbage, offal, junk, spilth, waste, litter, or building materials that are determined to be deleterious to good health and public sanitation.
(2) 'Residential area' means property zoned for residential use, platted for residential use with a plat begun, installation of utilities begun, and construction of residential units commenced.
(B) Debris allowed to accumulate and remain on a lot or parcel of land in a developed residential area within the county may be deemed and declared a nuisance in the judgment of the sheriff.
(C) It is the duty of any owner, lessee, occupant, agent, or representative of the owner of a lot or parcel of land in a developed residential area within the county to remove debris as often as may be necessary to prevent the accumulation of debris.
(D) When the sheriff finds that debris is allowed to accumulate and remain upon a lot or parcel of land in a developed residential area within the county in a manner as to constitute a nuisance, he may serve written notice upon the owner, the occupant of the premises, or upon the agent or representative of the owner of the land having control of it to comply with the provisions of this section. It is sufficient notification to deliver the notice to the person to whom it is addressed or to deposit a copy of the notice in the United States mail, properly stamped, certified, and directed to the person to whom the notice is addressed, or to post a copy of the notice upon the premises.
(E) If the person to whom the notice is directed, under the provisions of subsection (D) fails or neglects to cause debris to be removed from the premises within ten days after notice is served or deposited in the United States mail, or posted upon the premises, the person is guilty of a misdemeanor and, upon conviction, may be fined not more than five hundred dollars.
(F) If property is determined to be a nuisance, and twenty days elapse after notice is served, deposited in the United States mail, or posted upon the premises, then the sheriff's department or its duly authorized agent or representative may enter upon the lands and abate the nuisance by removing the debris and the cost of doing so may become a lien upon the property affected or may be recovered by the county through judgment proceedings initiated in a court of competent jurisdiction.
(G) Work may be done by the sheriff's department or its duly authorized agent or representative upon request. Upon the written request by the owner or the person in control of a lot or parcel of land covered by this section, and the payment to the county for the services, the department of public services may enter upon the lands and remove the debris from it, the charge and cost of the service to be paid to the county."
SECTION 2. The provisions of this act do not preempt a municipal or county ordinance which provides specific standards for control of weeds and rank vegetation or debris on property within the municipality or county boundaries.
SECTION 3. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION 4. This act takes effect upon approval by the Governor.
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