STAFF REPORT TO THE FLORENCE COUNTY PLANNING ...
STAFF REPORT TO THE FLORENCE COUNTY PLANNING COMMISSION TUESDAY, JUNE 27, 2017 PC#2017-10
SUBJECT:
Rezoning request from Convenience Business District (B-2) to General Commercial District (B-3)
LOCATION:
3842 S. Irby St., Florence, SC
TAX MAP NUMBER:
00153, Block 01, Parcel 021
COUNCIL DISTRICT(S):
5; County Council
OWNER OF RECORD:
Benjamin M. and Renee D. Turner
APPLICANT:
Benjamin M. and Renee D. Turner
LAND AREA:
1.017 Acres
WATER /SEWER AVAILABILITY:
City of Florence
ADJACENT WATERWAYS/ BODIES OF WATER:
None
FLOOD ZONE:
No
STAFF RECOMMENDATION: Staff recommends approval of the request. STAFF ANALYSIS: 1. Existing Land Use and Zoning: The subject property is currently vacant and zoned B-2, Convenience Business District. 2. Proposed Land Use and Zoning: The proposal is to rezone the B-3, General Commercial District. 3. Surrounding Land Use and Zoning: North: Residential/B-2/Florence County South: Residential/B-2/Florence County West: Vacant/UZ and Commercial/B-3/Florence County East: Vacant/B-2/Florence County
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4. Transportation Access and Circulation: Present access to the property is by way of South Irby Street and Kimberly Lane. 5. Traffic Review: The rezoning of this property will have a minimal effect on traffic flow for the area. 6. Chapter 30-Zoning Ordinance The intent of the B-3, General Commercial District: The intent of this district is to provide for the development and maintenance of commercial and businesses uses strategically located to serve the community and the larger region in which it holds a central position. FLORENCE COUNTY COUNCIL MEETING: This item is tentatively scheduled to appear for introduction on the agenda on Thursday, July 20, 2017 @ 9:00 a.m. in room 803 of the County Complex, 180 North Irby Street, Florence. ATTACHMENTS: 1. Zoning Map 2. Aerial Map
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STAFF REPORT TO THE FLORENCE COUNTY PLANNING COMMISSION JUNE 27, 2017 PC#2017-11 SUBJECT:
Request for the Road Naming’s of Cara Mia Drive, Casilda Drive, Fimbriata Drive, and Granada Drive
LOCATION:
Off W. Palmetto St., Florence, SC
TAX MAP NUMBER:
00076, Block 01, Parcel 083
COUNCIL DISTRICT:
4; County Council
APPLICANT(S):
Jonathan Chandler
STAFF RECOMMENDATION: Approve as submitted. STAFF ANALYSIS: The applicant is proposing to name four roads in the Planned Unit Development of Chandler Pointe located in Florence, SC. Cara Mia Drive, Casilda Drive, Fimbriata Drive, and Granada Drive are the proposed road names. They are proposed private roads located off W. Palmetto St. The roads are proposed to exist on Florence County Tax Map 00076, Block 01, Parcel 083. The private road is needed for E-911 Addressing purposes. FINDINGS: 1. The request was made by the property owner(s) or their representatives. 2. The applicant was advised of the minimum requirements to name roads. 3. Road names are not duplicates of existing road names in the County of Florence. 4. All landowners with property abutting the proposed roads have signed the required petition. 5. The road names have been approved by the County addressing office. FLORENCE COUNTY COUNCIL MEETING: This item is tentatively scheduled to appear on the agenda on Thursday, July 20, 2017 @ 9:00 a.m. in Room 803 of the County Complex located at 180 N. Irby St., Florence. ATTACHMENTS: 1. Aerial Map 2. Site Plan
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STAFF REPORT TO THE FLORENCE COUNTY PLANNING COMMISSION JUNE 27, 2017 PC#2017-12 SUBJECT:
Request For Text Amendments To The Florence County Code Of Ordinances, Chapter 21, NUISANCES, ARTICLE I. – IN GENERAL, Sec. 21-2. – Specific Nuisances, Sec. 21-3. – Complaint, Sec. 21-4. – Voluntary abatement; ARTICLE II. – UNSAFE STRUCTURE ABATEMENT, DIVISION 5. – VIOLATIONS, Sec. 21-64. – Violation penalties, Sec. 21-65. – Abatement of violation; DIVISION 7. – UNSAFE STRUCTURES, Sec. 21-89. – Closing of vacant structures; DIVISION 8. – EMERGENCY MEASURES, Sec. 21-105. – Costs of emergency repairs; ARTICLE II. – UNSAFE STRUCTURE ABATEMENT, DIVISION 9. – DEMOLITION, Sec 21115. – Failure to comply.
APPLICANT:
Florence County Planning and Building Department
STAFF RECOMMENDATION: Approve as submitted. Staff Analysis: The Florence County Code of Ordinances Chapter 21 Nuisance’s does not currently address or allow the county to take remediation action for many homes, buildings, properties which are left abandoned, trashed, and dilapidated. Amending Chapter 21 Nuisances of the Florence County Code of Ordinance will allow County Planning and Building Department Staff to:
Provide an avenue for correction if an owner is unavailable or refuses to take corrective action by allowing the County to contract with third parties or utilize County Staff and resources. Include language that allows abatement action to be taken by the county if the owner/violator fails to rectify a documented complaint. Allow the County to act in order to enforce removal or abatement and recoup all expenses by placing a taxable lien upon such real estate and increase fine amounts for repetitive offenders. Allow the County to effectively address newly occurring nuisance violations while providing an “umbrella ordinance” for existing individual violations.
Therefore, Compliance with the SC Code of Laws requires The Florence County Code of Ordinances, Chapter 21, NUISANCES, ARTICLE I. – IN GENERAL, Sec. 21-2. – Specific Nuisances, Sec. 21-3. – Complaint, Sec. 21-4. – Voluntary abatement; ARTICLE II. – UNSAFE
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STRUCTURE ABATEMENT, DIVISION 5. – VIOLATIONS, Sec. 21-64. – Violation penalties, Sec. 21-65. – Abatement of violation; DIVISION 7. – UNSAFE STRUCTURES, Sec. 21-89. – Closing of vacant structures; DIVISION 8. – EMERGENCY MEASURES, Sec. 21105. – Costs of emergency repairs; ARTICLE II. – UNSAFE STRUCTURE ABATEMENT, DIVISION 9. – DEMOLITION, Sec 21-115. – Failure to comply, shall be amended to read as follows: Chapter 21 – NUISANCES ARTICLE I. - IN GENERAL
Sec. 21-1. - Declaration of nuisance. Any act of any person, group, or business within the (the owner or offending occupant) unincorporated area of the county which results in accumulation of refuse, debris or abandoned property on premises owned by or under the control of such owner or offending occupant and which may provide a harborage for rodents, vermin, and other pest, depreciate property values of neighboring properties, or constitutes a detriment, danger or hazard to the health, safety and welfare of residents of the county is hereby declared to be a public nuisance. Sec. 21-2. - Specific nuisances. Specific acts of nuisance may include but are not expressly restricted to: (1)
Permitting the premises to become unsanitary or a fire menace by allowing any offensive or unsafe matter to grow, accumulate or otherwise occupy and remain upon such premises. The growing of agricultural crops or natural growth areas are not an act of nuisance under this chapter.
(2)
Allowing inoperable and unlicensed cars, trucks, junk, trash, waste, old lumber, used tires, furniture, stoves, refrigerators, freezers, cans or containers, or other abandoned unused or unusable objects or equipment to accumulate and remain upon the premises. This section shall not apply to vehicles in an enclosed building or so located upon the premises so as not to be readily visible from any public place or from any surrounding private property. This section shall further not apply with regard to any vehicle on the premises of a business enterprise when the keeping of such vehicle is necessary to the operation of such business enterprise; or with regard to a vehicle in an appropriate storage place maintained by the county or any other public agency or entity.
(3)
Maintaining and/or occupying or building or part thereof, in an unsafe condition and detrimental to property of others in the neighborhood and which causes, or tends to cause, substantial diminution in the value of other property in the
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neighborhood in which such premises are located and structures defined in 2186. Sec. 21-3. - Complaint. (a)
The owner or occupant(s) of any real property located within 1,500 feet of the property at issue may file, in writing, a complaint alleging a violation of one or more acts of nuisance set forth above. The form for such complaint shall be developed by the county. Such complaint shall be filed at the Florence County Planning and Building Inspection Office.
(b)
The Code Official may investigate and act upon anonymous written, specific complaints alleging a violation of an act or acts of nuisance set forth above, provided the anonymous complaint's allegations prove to be clearly evident when viewed from a public roadway or a public right-of-way, and the violations are substantially material in nature and not merely technical and minor in substance, in the opinion of the planning/codes enforcement office director or his designee, who shall personally review each such case.
(c)
Complaints may be filed by public officials having jurisdiction.
(d)
Upon receipt of such complaint the Code Official shall institute an investigation of the complaint.
Sec. 21-4. – Procedure for Notice of Violations. (a)
If the Code Official determines the complaint is reasonable and the condition set forth in the complaint does allege a specific act of nuisance as set forth in section 21-2 above, the Code Official shall cause to be served by personal service or by mail, return receipt requested, the owner or offending occupant a notice of the complaint. The notice shall include: (1) A copy of the complaint describing the address, description of the violation and a reasonable date that corrections shall be complete along with notice that the owner has the right to file an appeal. The letter shall include a potential date that the county will take to bring abatement action of the nuisance. (i) Where the property owner believes that the order of the codes enforcement manager or his designee is not in accord with the terms of this division, the property owner may appeal the order to the county magistrate court by notifying the code official in writing within five (5) days of the date of the order the Code Official shall give timely notice to the property owner of the time and place where the magistrate court shall hear the matter. The magistrate court shall hear the appeal and enter an order dismissing, amending or confirming the order of the code official. The magistrate court shall make a record of the order entered on appeal and notify the owner of the court's decision. Failure of the owner, or
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(2)
representative thereof, to appear before the court for the hearing on appeal shall be considered an abandonment and withdrawal of the request for the hearing. (ii) The code official shall notify the property owner by registered mail at least ten (10) days in advance of the date and time of the court date at which the matter will be heard, provided, however, nothing in this division shall preclude the codes enforcement manager from reporting the matter to the court for appropriate action at any time when the threat to the public health, welfare and safety in the absence of abatement is imminent. (iii) At the hearing, all witnesses shall be sworn and subject to cross-examination by adverse parties or their representatives. Proof of a violation of this division shall be by a preponderance of the evidence, and the burden of such proof shall rest upon the code official. (iv) It shall not be a defense to an alleged violation of this division that the conditions complained of on the property were not created by the owner thereof; provided, however, that the owner is entitled to show at the hearing that said conditions were created by persons in possession of the property, lawful or unlawful, or unknown members of the public. The court may consider such evidence in setting the period of time in which the unlawful conditions are to be abated. (v) The court may vary the application of any provision of this division in hardship or other cases when in its opinion; the enforcement thereof would do manifest injustice or be contrary to the spirit and purpose of this division or the public interest. In hardship cases, a hardship peculiar to the applicant must be shown. The relationship between the cost of abating the unlawful conditions and the value of the property involved is a factor the court may consider in determining whether there is a hardship in a given case. A copy of this chapter.
(3) A notice of the date and time that an informal hearing will be held not less than ten days nor more than thirty days after the serving of such complaint between the Code Official and the owner or offending occupant. (4) A letter describing the address, description of the violation and a reasonable date that corrections shall be complete. (b)
An informal conference shall be held between the owner and offending occupant and the code official. At the informal conference the Code Official shall attempt to enter into an agreement with the owner or offending occupant whereby the owner or offending occupant agrees to willingly and voluntarily abate the nuisance within a reasonable time. The abatement agreement shall be committed to writing and signed by the owner or offending occupant and the Code Official. The written agreement shall clearly state the actions the owner or offending occupant shall take to abate the nuisance, contain a consent by the owner or offending occupant to the entrance on the premises by the Code Official for the purpose of examining the compliance with the
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agreement and establish a reasonable schedule for the abatement. Provided, any agreement to abate shall not commit the county to expend any public funds in any form or nature, be it monetary, equipment or personnel. (c)
In the event that the owner or offending occupant: (1)
Fails to respond to the notice,
(2)
Fails to execute the abatement agreement, or
(3)
Breaches the abatement agreement,
The Code Official may issue a summons for a hearing in Florence County Magistrate Court. (d)
Recoupment of Cost of Involuntary abatement: (1) If the notice of violation is not complied with, the Code Official shall institute the appropriate proceeding in Florence County Magistrate Court to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the structure in violation of the provisions of this code or of the order or direction made pursuant thereto. Any action taken by the authority having jurisdiction on such premises shall be charged against the real estate upon which the structure is located and shall be a tax lien upon such real estate.
Sec. 21-5. – Penalties (a)
Any person failing to comply with a notice of violation or order served in accordance with this chapter shall be deemed guilty of a misdemeanor. (1)
A fine up to $200.00 may be imposed for first and second offence violations.
(2)
A fine up to $500.00 may be imposed for third or subsequent violations.
(3)
If the violator does not pay the fine prior to and does not appear in the Magistrates’ Court hearing, the magistrate shall issue a Bench Warrant.
Sec. 21-6. – 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 Florence County 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
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result of any act required or permitted in the discharge of his duties under this article, shall be defended by the legal representative of Florence County until the final determination of proceedings therein. ARTICLE II. – UNSAFE STRUCTURE ABATEMENT DIVISION 5. – VIOLATIONS Sec. 21-64. – Violation penalties. Any person who shall violate a provision of this code, or fail to comply therewith, or with any of the requirements thereof, shall be subject to the penalties outlined in 21-5. Each day that a violation continues after due notice has been served shall be deemed a separate offense. Sec. 21-65. – Abatement of violation. The imposition of the penalties herein prescribed shall not preclude the Code Official from instituting appropriate action to restrain, correct or abate a violation, or to prevent illegal occupancy of a building, structure or premises, or to stop an illegal act, conduct, business or utilization of the building or structure. Any cost incurred through the use of public funds to abate the violation shall be recouped in accordance with 21-4(iv). DIVISION 7. – UNSAFE STRUCTURES Sec. 21-89. - Closing of vacant structures. If the structure is vacant and unfit for human habitation and occupancy, and is not in danger of structural collapse, the code official is authorized to post a placard of condemnation on the premises and order the structure closed up so as not to be an attractive nuisance. Upon failure of the owner to close up the premises within the time specified in the order, the code official shall cause the premises to be closed and secured through any available public agency or by contract or arrangement by private persons and the cost thereof shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate and may be collected by any other legal resource. DIVISION 8. – EMERGENCY MEASURES Sec. 21-105. – Costs of emergency repairs. Costs incurred in the performance of emergency work shall be recouped in accordance with 21-4(4).
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DIVISION 9. – DEMOLITION Sec. 21-115. – Failure to comply. If the owner of a premises fails to comply with a demolition order within the time prescribed, the Code Official shall cause the structure to be demolished and removed, either through Florence County Public Works or by contract with private persons, and any cost incurred through the use of public funds to abate the violation shall be recouped in accordance with 21-6(2)(a). Sec. 21-116. – Service Action Prior to Demolition: If the whereabouts of such persons is unknown and cannot be ascertained by the code official in the exercise of due diligence and the code official shall make an affidavit to that affect, Then the serving of such complaint and notice order upon such persons shall be made by publishing it once each week for two consecutive weeks in a newspaper printed and published in the county and posted on the property. FLORENCE COUNTY COUNCIL MEETING: This item is tentatively scheduled to appear on the agenda on Thursday, July 20, 2017 @ 9:00 a.m. in room 803 of the County Complex, 180 North Irby Street, Florence.
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STAFF REPORT TO THE FLORENCE COUNTY PLANNING COMMISSION JUNE 27, 2017 PC#2017-12 SUBJECT:
Request For Text Amendments To The Florence County Code Of Ordinances, Chapter 21, NUISANCES, ARTICLE I. – IN GENERAL, Sec. 21-2. – Specific Nuisances, Sec. 21-3. – Complaint, Sec. 21-4. – Voluntary abatement; ARTICLE II. – UNSAFE STRUCTURE ABATEMENT, DIVISION 5. – VIOLATIONS, Sec. 21-64. – Violation penalties, Sec. 21-65. – Abatement of violation; DIVISION 7. – UNSAFE STRUCTURES, Sec. 21-89. – Closing of vacant structures; DIVISION 8. – EMERGENCY MEASURES, Sec. 21-105. – Costs of emergency repairs; ARTICLE II. – UNSAFE STRUCTURE ABATEMENT, DIVISION 9. – DEMOLITION, Sec 21115. – Failure to comply.
APPLICANT:
Florence County Planning and Building Department
STAFF RECOMMENDATION: Approve as submitted. Staff Analysis: The Florence County Code of Ordinances Chapter 21 Nuisance’s does not currently address or allow the county to take remediation action for many homes, buildings, properties which are left abandoned, trashed, and dilapidated. Amending Chapter 21 Nuisances of the Florence County Code of Ordinance will allow County Planning and Building Department Staff to:
Provide an avenue for correction if an owner is unavailable or refuses to take corrective action by allowing the County to contract with third parties or utilize County Staff and resources. Include language that allows abatement action to be taken by the county if the owner/violator fails to rectify a documented complaint. Allow the County to act in order to enforce removal or abatement and recoup all expenses by placing a taxable lien upon such real estate and increase fine amounts for repetitive offenders. Allow the County to effectively address newly occurring nuisance violations while providing an “umbrella ordinance” for existing individual violations.
Therefore, Compliance with the SC Code of Laws requires The Florence County Code of Ordinances, Chapter 21, NUISANCES, ARTICLE I. – IN GENERAL, Sec. 21-2. – Specific Nuisances, Sec. 21-3. – Complaint, Sec. 21-4. – Voluntary abatement; ARTICLE II. – UNSAFE
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STRUCTURE ABATEMENT, DIVISION 5. – VIOLATIONS, Sec. 21-64. – Violation penalties, Sec. 21-65. – Abatement of violation; DIVISION 7. – UNSAFE STRUCTURES, Sec. 21-89. – Closing of vacant structures; DIVISION 8. – EMERGENCY MEASURES, Sec. 21105. – Costs of emergency repairs; ARTICLE II. – UNSAFE STRUCTURE ABATEMENT, DIVISION 9. – DEMOLITION, Sec 21-115. – Failure to comply, shall be amended to read as follows: Chapter 21 – NUISANCES ARTICLE I. - IN GENERAL
Sec. 21-1. - Declaration of nuisance. Any act of any person, group, or business within the (the owner or offending occupant) unincorporated area of the county which results in accumulation of refuse, debris or abandoned property on premises owned by or under the control of such owner or offending occupant and which may provide a harborage for rodents, vermin, and other pest, depreciate property values of neighboring properties, or constitutes a detriment, danger or hazard to the health, safety and welfare of residents of the county is hereby declared to be a public nuisance. Sec. 21-2. - Specific nuisances. Specific acts of nuisance may include but are not expressly restricted to: (1)
Permitting the premises to become unsanitary or a fire menace by allowing any offensive or unsafe matter to grow, accumulate or otherwise occupy and remain upon such premises. The growing of agricultural crops or natural growth areas are not an act of nuisance under this chapter.
(2)
Allowing inoperable and unlicensed cars, trucks, junk, trash, waste, old lumber, used tires, furniture, stoves, refrigerators, freezers, cans or containers, or other abandoned unused or unusable objects or equipment to accumulate and remain upon the premises. This section shall not apply to vehicles in an enclosed building or so located upon the premises so as not to be readily visible from any public place or from any surrounding private property. This section shall further not apply with regard to any vehicle on the premises of a business enterprise when the keeping of such vehicle is necessary to the operation of such business enterprise; or with regard to a vehicle in an appropriate storage place maintained by the county or any other public agency or entity.
(3)
Maintaining and/or occupying or building or part thereof, in an unsafe condition and detrimental to property of others in the neighborhood and which causes, or tends to cause, substantial diminution in the value of other property in the
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neighborhood in which such premises are located and structures defined in 2186. Sec. 21-3. - Complaint. (a)
The owner or occupant(s) of any real property located within 1,500 feet of the property at issue may file, in writing, a complaint alleging a violation of one or more acts of nuisance set forth above. The form for such complaint shall be developed by the county. Such complaint shall be filed at the Florence County Planning and Building Inspection Office.
(b)
The Code Official may investigate and act upon anonymous written, specific complaints alleging a violation of an act or acts of nuisance set forth above, provided the anonymous complaint's allegations prove to be clearly evident when viewed from a public roadway or a public right-of-way, and the violations are substantially material in nature and not merely technical and minor in substance, in the opinion of the planning/codes enforcement office director or his designee, who shall personally review each such case.
(c)
Complaints may be filed by public officials having jurisdiction.
(d)
Upon receipt of such complaint the Code Official shall institute an investigation of the complaint.
Sec. 21-4. – Procedure for Notice of Violations. (a)
If the Code Official determines the complaint is reasonable and the condition set forth in the complaint does allege a specific act of nuisance as set forth in section 21-2 above, the Code Official shall cause to be served by personal service or by mail, return receipt requested, the owner or offending occupant a notice of the complaint. The notice shall include: (1) A copy of the complaint describing the address, description of the violation and a reasonable date that corrections shall be complete along with notice that the owner has the right to file an appeal. The letter shall include a potential date that the county will take to bring abatement action of the nuisance. (i) Where the property owner believes that the order of the codes enforcement manager or his designee is not in accord with the terms of this division, the property owner may appeal the order to the county magistrate court by notifying the code official in writing within five (5) days of the date of the order the Code Official shall give timely notice to the property owner of the time and place where the magistrate court shall hear the matter. The magistrate court shall hear the appeal and enter an order dismissing, amending or confirming the order of the code official. The magistrate court shall make a record of the order entered on appeal and notify the owner of the court's decision. Failure of the owner, or
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(2)
representative thereof, to appear before the court for the hearing on appeal shall be considered an abandonment and withdrawal of the request for the hearing. (ii) The code official shall notify the property owner by registered mail at least ten (10) days in advance of the date and time of the court date at which the matter will be heard, provided, however, nothing in this division shall preclude the codes enforcement manager from reporting the matter to the court for appropriate action at any time when the threat to the public health, welfare and safety in the absence of abatement is imminent. (iii) At the hearing, all witnesses shall be sworn and subject to cross-examination by adverse parties or their representatives. Proof of a violation of this division shall be by a preponderance of the evidence, and the burden of such proof shall rest upon the code official. (iv) It shall not be a defense to an alleged violation of this division that the conditions complained of on the property were not created by the owner thereof; provided, however, that the owner is entitled to show at the hearing that said conditions were created by persons in possession of the property, lawful or unlawful, or unknown members of the public. The court may consider such evidence in setting the period of time in which the unlawful conditions are to be abated. (v) The court may vary the application of any provision of this division in hardship or other cases when in its opinion; the enforcement thereof would do manifest injustice or be contrary to the spirit and purpose of this division or the public interest. In hardship cases, a hardship peculiar to the applicant must be shown. The relationship between the cost of abating the unlawful conditions and the value of the property involved is a factor the court may consider in determining whether there is a hardship in a given case. A copy of this chapter.
(3) A notice of the date and time that an informal hearing will be held not less than ten days nor more than thirty days after the serving of such complaint between the Code Official and the owner or offending occupant. (4) A letter describing the address, description of the violation and a reasonable date that corrections shall be complete. (b)
An informal conference shall be held between the owner and offending occupant and the code official. At the informal conference the Code Official shall attempt to enter into an agreement with the owner or offending occupant whereby the owner or offending occupant agrees to willingly and voluntarily abate the nuisance within a reasonable time. The abatement agreement shall be committed to writing and signed by the owner or offending occupant and the Code Official. The written agreement shall clearly state the actions the owner or offending occupant shall take to abate the nuisance, contain a consent by the owner or offending occupant to the entrance on the premises by the Code Official for the purpose of examining the compliance with the
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agreement and establish a reasonable schedule for the abatement. Provided, any agreement to abate shall not commit the county to expend any public funds in any form or nature, be it monetary, equipment or personnel. (c)
In the event that the owner or offending occupant: (1)
Fails to respond to the notice,
(2)
Fails to execute the abatement agreement, or
(3)
Breaches the abatement agreement,
The Code Official may issue a summons for a hearing in Florence County Magistrate Court. (d)
Recoupment of Cost of Involuntary abatement: (1) If the notice of violation is not complied with, the Code Official shall institute the appropriate proceeding in Florence County Magistrate Court to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the structure in violation of the provisions of this code or of the order or direction made pursuant thereto. Any action taken by the authority having jurisdiction on such premises shall be charged against the real estate upon which the structure is located and shall be a tax lien upon such real estate.
Sec. 21-5. – Penalties (a)
Any person failing to comply with a notice of violation or order served in accordance with this chapter shall be deemed guilty of a misdemeanor. (1)
A fine up to $200.00 may be imposed for first and second offence violations.
(2)
A fine up to $500.00 may be imposed for third or subsequent violations.
(3)
If the violator does not pay the fine prior to and does not appear in the Magistrates’ Court hearing, the magistrate shall issue a Bench Warrant.
Sec. 21-6. – 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 Florence County 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
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result of any act required or permitted in the discharge of his duties under this article, shall be defended by the legal representative of Florence County until the final determination of proceedings therein. ARTICLE II. – UNSAFE STRUCTURE ABATEMENT DIVISION 5. – VIOLATIONS Sec. 21-64. – Violation penalties. Any person who shall violate a provision of this code, or fail to comply therewith, or with any of the requirements thereof, shall be subject to the penalties outlined in 21-5. Each day that a violation continues after due notice has been served shall be deemed a separate offense. Sec. 21-65. – Abatement of violation. The imposition of the penalties herein prescribed shall not preclude the Code Official from instituting appropriate action to restrain, correct or abate a violation, or to prevent illegal occupancy of a building, structure or premises, or to stop an illegal act, conduct, business or utilization of the building or structure. Any cost incurred through the use of public funds to abate the violation shall be recouped in accordance with 21-4(iv). DIVISION 7. – UNSAFE STRUCTURES Sec. 21-89. - Closing of vacant structures. If the structure is vacant and unfit for human habitation and occupancy, and is not in danger of structural collapse, the code official is authorized to post a placard of condemnation on the premises and order the structure closed up so as not to be an attractive nuisance. Upon failure of the owner to close up the premises within the time specified in the order, the code official shall cause the premises to be closed and secured through any available public agency or by contract or arrangement by private persons and the cost thereof shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate and may be collected by any other legal resource. DIVISION 8. – EMERGENCY MEASURES Sec. 21-105. – Costs of emergency repairs. Costs incurred in the performance of emergency work shall be recouped in accordance with 21-4(4).
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DIVISION 9. – DEMOLITION Sec. 21-115. – Failure to comply. If the owner of a premises fails to comply with a demolition order within the time prescribed, the Code Official shall cause the structure to be demolished and removed, either through Florence County Public Works or by contract with private persons, and any cost incurred through the use of public funds to abate the violation shall be recouped in accordance with 21-6(2)(a). Sec. 21-116. – Service Action Prior to Demolition: If the whereabouts of such persons is unknown and cannot be ascertained by the code official in the exercise of due diligence and the code official shall make an affidavit to that affect, Then the serving of such complaint and notice order upon such persons shall be made by publishing it once each week for two consecutive weeks in a newspaper printed and published in the county and posted on the property. FLORENCE COUNTY COUNCIL MEETING: This item is tentatively scheduled to appear on the agenda on Thursday, July 20, 2017 @ 9:00 a.m. in room 803 of the County Complex, 180 North Irby Street, Florence.
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STAFF REPORT TO THE FLORENCE COUNTY PLANNING COMMISSION JUNE 27, 2017 PC#2017-08 SUBJECT:
Amendment to previously approved existing PD, Planned Development
LOCATION:
781 St. Andrews Rd. in Florence County
TAX MAP NUMBER:
00074, Block 01, Parcel 012
COUNCIL DISTRICT(S):
9, County Council
OWNER OF RECORD:
GBA Ships Florence, Inc.
APPLICANT:
Gary W. Brown
LAND AREA:
Approximately 12.2 acres
WATER /SEWER AVAILABILITY:
City of Florence
ADJACENT WATERWAYS/ BODIES OF WATER:
There does not appear to be any waterway/body of water adjacent to the property.
FLOOD ZONE:
N/A
STAFF RECOMMENDATION: Staff recommends approval of the request. STAFF ANALYSIS: 1. Existing Land Use and Zoning: The property is currently zoned PD, Planned Development to facilitate a land use of a church, office building, distribution center, bookstore, and town home units. 2. Proposed Land Use and Zoning: The applicant proposes to amend the previous master plan to include the following variations: - Removal of the church building - Proposed office building has been combined with dining space for visiting volunteers - Bookstore is no longer part of the plan - Instead of town home units, the housing consist of 3 small buildings, future small duplex cottages, and 5 R.V. pads with utility hookups - Inclusion of a small maintenance facility with showers, - Outdoor recreation area with a basketball court, gazeebo, and fire pit
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3. Transportation Access and Circulation: Emergency access to the property will be by way of St. Andrews Rd and Southborough Rd.
Attachments: 1. Aerial Map 2. Site Plan
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SUBJECT:
Rezoning request from Convenience Business District (B-2) to General Commercial District (B-3)
LOCATION:
3842 S. Irby St., Florence, SC
TAX MAP NUMBER:
00153, Block 01, Parcel 021
COUNCIL DISTRICT(S):
5; County Council
OWNER OF RECORD:
Benjamin M. and Renee D. Turner
APPLICANT:
Benjamin M. and Renee D. Turner
LAND AREA:
1.017 Acres
WATER /SEWER AVAILABILITY:
City of Florence
ADJACENT WATERWAYS/ BODIES OF WATER:
None
FLOOD ZONE:
No
STAFF RECOMMENDATION: Staff recommends approval of the request. STAFF ANALYSIS: 1. Existing Land Use and Zoning: The subject property is currently vacant and zoned B-2, Convenience Business District. 2. Proposed Land Use and Zoning: The proposal is to rezone the B-3, General Commercial District. 3. Surrounding Land Use and Zoning: North: Residential/B-2/Florence County South: Residential/B-2/Florence County West: Vacant/UZ and Commercial/B-3/Florence County East: Vacant/B-2/Florence County
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4. Transportation Access and Circulation: Present access to the property is by way of South Irby Street and Kimberly Lane. 5. Traffic Review: The rezoning of this property will have a minimal effect on traffic flow for the area. 6. Chapter 30-Zoning Ordinance The intent of the B-3, General Commercial District: The intent of this district is to provide for the development and maintenance of commercial and businesses uses strategically located to serve the community and the larger region in which it holds a central position. FLORENCE COUNTY COUNCIL MEETING: This item is tentatively scheduled to appear for introduction on the agenda on Thursday, July 20, 2017 @ 9:00 a.m. in room 803 of the County Complex, 180 North Irby Street, Florence. ATTACHMENTS: 1. Zoning Map 2. Aerial Map
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STAFF REPORT TO THE FLORENCE COUNTY PLANNING COMMISSION JUNE 27, 2017 PC#2017-11 SUBJECT:
Request for the Road Naming’s of Cara Mia Drive, Casilda Drive, Fimbriata Drive, and Granada Drive
LOCATION:
Off W. Palmetto St., Florence, SC
TAX MAP NUMBER:
00076, Block 01, Parcel 083
COUNCIL DISTRICT:
4; County Council
APPLICANT(S):
Jonathan Chandler
STAFF RECOMMENDATION: Approve as submitted. STAFF ANALYSIS: The applicant is proposing to name four roads in the Planned Unit Development of Chandler Pointe located in Florence, SC. Cara Mia Drive, Casilda Drive, Fimbriata Drive, and Granada Drive are the proposed road names. They are proposed private roads located off W. Palmetto St. The roads are proposed to exist on Florence County Tax Map 00076, Block 01, Parcel 083. The private road is needed for E-911 Addressing purposes. FINDINGS: 1. The request was made by the property owner(s) or their representatives. 2. The applicant was advised of the minimum requirements to name roads. 3. Road names are not duplicates of existing road names in the County of Florence. 4. All landowners with property abutting the proposed roads have signed the required petition. 5. The road names have been approved by the County addressing office. FLORENCE COUNTY COUNCIL MEETING: This item is tentatively scheduled to appear on the agenda on Thursday, July 20, 2017 @ 9:00 a.m. in Room 803 of the County Complex located at 180 N. Irby St., Florence. ATTACHMENTS: 1. Aerial Map 2. Site Plan
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STAFF REPORT TO THE FLORENCE COUNTY PLANNING COMMISSION JUNE 27, 2017 PC#2017-12 SUBJECT:
Request For Text Amendments To The Florence County Code Of Ordinances, Chapter 21, NUISANCES, ARTICLE I. – IN GENERAL, Sec. 21-2. – Specific Nuisances, Sec. 21-3. – Complaint, Sec. 21-4. – Voluntary abatement; ARTICLE II. – UNSAFE STRUCTURE ABATEMENT, DIVISION 5. – VIOLATIONS, Sec. 21-64. – Violation penalties, Sec. 21-65. – Abatement of violation; DIVISION 7. – UNSAFE STRUCTURES, Sec. 21-89. – Closing of vacant structures; DIVISION 8. – EMERGENCY MEASURES, Sec. 21-105. – Costs of emergency repairs; ARTICLE II. – UNSAFE STRUCTURE ABATEMENT, DIVISION 9. – DEMOLITION, Sec 21115. – Failure to comply.
APPLICANT:
Florence County Planning and Building Department
STAFF RECOMMENDATION: Approve as submitted. Staff Analysis: The Florence County Code of Ordinances Chapter 21 Nuisance’s does not currently address or allow the county to take remediation action for many homes, buildings, properties which are left abandoned, trashed, and dilapidated. Amending Chapter 21 Nuisances of the Florence County Code of Ordinance will allow County Planning and Building Department Staff to:
Provide an avenue for correction if an owner is unavailable or refuses to take corrective action by allowing the County to contract with third parties or utilize County Staff and resources. Include language that allows abatement action to be taken by the county if the owner/violator fails to rectify a documented complaint. Allow the County to act in order to enforce removal or abatement and recoup all expenses by placing a taxable lien upon such real estate and increase fine amounts for repetitive offenders. Allow the County to effectively address newly occurring nuisance violations while providing an “umbrella ordinance” for existing individual violations.
Therefore, Compliance with the SC Code of Laws requires The Florence County Code of Ordinances, Chapter 21, NUISANCES, ARTICLE I. – IN GENERAL, Sec. 21-2. – Specific Nuisances, Sec. 21-3. – Complaint, Sec. 21-4. – Voluntary abatement; ARTICLE II. – UNSAFE
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STRUCTURE ABATEMENT, DIVISION 5. – VIOLATIONS, Sec. 21-64. – Violation penalties, Sec. 21-65. – Abatement of violation; DIVISION 7. – UNSAFE STRUCTURES, Sec. 21-89. – Closing of vacant structures; DIVISION 8. – EMERGENCY MEASURES, Sec. 21105. – Costs of emergency repairs; ARTICLE II. – UNSAFE STRUCTURE ABATEMENT, DIVISION 9. – DEMOLITION, Sec 21-115. – Failure to comply, shall be amended to read as follows: Chapter 21 – NUISANCES ARTICLE I. - IN GENERAL
Sec. 21-1. - Declaration of nuisance. Any act of any person, group, or business within the (the owner or offending occupant) unincorporated area of the county which results in accumulation of refuse, debris or abandoned property on premises owned by or under the control of such owner or offending occupant and which may provide a harborage for rodents, vermin, and other pest, depreciate property values of neighboring properties, or constitutes a detriment, danger or hazard to the health, safety and welfare of residents of the county is hereby declared to be a public nuisance. Sec. 21-2. - Specific nuisances. Specific acts of nuisance may include but are not expressly restricted to: (1)
Permitting the premises to become unsanitary or a fire menace by allowing any offensive or unsafe matter to grow, accumulate or otherwise occupy and remain upon such premises. The growing of agricultural crops or natural growth areas are not an act of nuisance under this chapter.
(2)
Allowing inoperable and unlicensed cars, trucks, junk, trash, waste, old lumber, used tires, furniture, stoves, refrigerators, freezers, cans or containers, or other abandoned unused or unusable objects or equipment to accumulate and remain upon the premises. This section shall not apply to vehicles in an enclosed building or so located upon the premises so as not to be readily visible from any public place or from any surrounding private property. This section shall further not apply with regard to any vehicle on the premises of a business enterprise when the keeping of such vehicle is necessary to the operation of such business enterprise; or with regard to a vehicle in an appropriate storage place maintained by the county or any other public agency or entity.
(3)
Maintaining and/or occupying or building or part thereof, in an unsafe condition and detrimental to property of others in the neighborhood and which causes, or tends to cause, substantial diminution in the value of other property in the
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neighborhood in which such premises are located and structures defined in 2186. Sec. 21-3. - Complaint. (a)
The owner or occupant(s) of any real property located within 1,500 feet of the property at issue may file, in writing, a complaint alleging a violation of one or more acts of nuisance set forth above. The form for such complaint shall be developed by the county. Such complaint shall be filed at the Florence County Planning and Building Inspection Office.
(b)
The Code Official may investigate and act upon anonymous written, specific complaints alleging a violation of an act or acts of nuisance set forth above, provided the anonymous complaint's allegations prove to be clearly evident when viewed from a public roadway or a public right-of-way, and the violations are substantially material in nature and not merely technical and minor in substance, in the opinion of the planning/codes enforcement office director or his designee, who shall personally review each such case.
(c)
Complaints may be filed by public officials having jurisdiction.
(d)
Upon receipt of such complaint the Code Official shall institute an investigation of the complaint.
Sec. 21-4. – Procedure for Notice of Violations. (a)
If the Code Official determines the complaint is reasonable and the condition set forth in the complaint does allege a specific act of nuisance as set forth in section 21-2 above, the Code Official shall cause to be served by personal service or by mail, return receipt requested, the owner or offending occupant a notice of the complaint. The notice shall include: (1) A copy of the complaint describing the address, description of the violation and a reasonable date that corrections shall be complete along with notice that the owner has the right to file an appeal. The letter shall include a potential date that the county will take to bring abatement action of the nuisance. (i) Where the property owner believes that the order of the codes enforcement manager or his designee is not in accord with the terms of this division, the property owner may appeal the order to the county magistrate court by notifying the code official in writing within five (5) days of the date of the order the Code Official shall give timely notice to the property owner of the time and place where the magistrate court shall hear the matter. The magistrate court shall hear the appeal and enter an order dismissing, amending or confirming the order of the code official. The magistrate court shall make a record of the order entered on appeal and notify the owner of the court's decision. Failure of the owner, or
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(2)
representative thereof, to appear before the court for the hearing on appeal shall be considered an abandonment and withdrawal of the request for the hearing. (ii) The code official shall notify the property owner by registered mail at least ten (10) days in advance of the date and time of the court date at which the matter will be heard, provided, however, nothing in this division shall preclude the codes enforcement manager from reporting the matter to the court for appropriate action at any time when the threat to the public health, welfare and safety in the absence of abatement is imminent. (iii) At the hearing, all witnesses shall be sworn and subject to cross-examination by adverse parties or their representatives. Proof of a violation of this division shall be by a preponderance of the evidence, and the burden of such proof shall rest upon the code official. (iv) It shall not be a defense to an alleged violation of this division that the conditions complained of on the property were not created by the owner thereof; provided, however, that the owner is entitled to show at the hearing that said conditions were created by persons in possession of the property, lawful or unlawful, or unknown members of the public. The court may consider such evidence in setting the period of time in which the unlawful conditions are to be abated. (v) The court may vary the application of any provision of this division in hardship or other cases when in its opinion; the enforcement thereof would do manifest injustice or be contrary to the spirit and purpose of this division or the public interest. In hardship cases, a hardship peculiar to the applicant must be shown. The relationship between the cost of abating the unlawful conditions and the value of the property involved is a factor the court may consider in determining whether there is a hardship in a given case. A copy of this chapter.
(3) A notice of the date and time that an informal hearing will be held not less than ten days nor more than thirty days after the serving of such complaint between the Code Official and the owner or offending occupant. (4) A letter describing the address, description of the violation and a reasonable date that corrections shall be complete. (b)
An informal conference shall be held between the owner and offending occupant and the code official. At the informal conference the Code Official shall attempt to enter into an agreement with the owner or offending occupant whereby the owner or offending occupant agrees to willingly and voluntarily abate the nuisance within a reasonable time. The abatement agreement shall be committed to writing and signed by the owner or offending occupant and the Code Official. The written agreement shall clearly state the actions the owner or offending occupant shall take to abate the nuisance, contain a consent by the owner or offending occupant to the entrance on the premises by the Code Official for the purpose of examining the compliance with the
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agreement and establish a reasonable schedule for the abatement. Provided, any agreement to abate shall not commit the county to expend any public funds in any form or nature, be it monetary, equipment or personnel. (c)
In the event that the owner or offending occupant: (1)
Fails to respond to the notice,
(2)
Fails to execute the abatement agreement, or
(3)
Breaches the abatement agreement,
The Code Official may issue a summons for a hearing in Florence County Magistrate Court. (d)
Recoupment of Cost of Involuntary abatement: (1) If the notice of violation is not complied with, the Code Official shall institute the appropriate proceeding in Florence County Magistrate Court to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the structure in violation of the provisions of this code or of the order or direction made pursuant thereto. Any action taken by the authority having jurisdiction on such premises shall be charged against the real estate upon which the structure is located and shall be a tax lien upon such real estate.
Sec. 21-5. – Penalties (a)
Any person failing to comply with a notice of violation or order served in accordance with this chapter shall be deemed guilty of a misdemeanor. (1)
A fine up to $200.00 may be imposed for first and second offence violations.
(2)
A fine up to $500.00 may be imposed for third or subsequent violations.
(3)
If the violator does not pay the fine prior to and does not appear in the Magistrates’ Court hearing, the magistrate shall issue a Bench Warrant.
Sec. 21-6. – 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 Florence County 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
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result of any act required or permitted in the discharge of his duties under this article, shall be defended by the legal representative of Florence County until the final determination of proceedings therein. ARTICLE II. – UNSAFE STRUCTURE ABATEMENT DIVISION 5. – VIOLATIONS Sec. 21-64. – Violation penalties. Any person who shall violate a provision of this code, or fail to comply therewith, or with any of the requirements thereof, shall be subject to the penalties outlined in 21-5. Each day that a violation continues after due notice has been served shall be deemed a separate offense. Sec. 21-65. – Abatement of violation. The imposition of the penalties herein prescribed shall not preclude the Code Official from instituting appropriate action to restrain, correct or abate a violation, or to prevent illegal occupancy of a building, structure or premises, or to stop an illegal act, conduct, business or utilization of the building or structure. Any cost incurred through the use of public funds to abate the violation shall be recouped in accordance with 21-4(iv). DIVISION 7. – UNSAFE STRUCTURES Sec. 21-89. - Closing of vacant structures. If the structure is vacant and unfit for human habitation and occupancy, and is not in danger of structural collapse, the code official is authorized to post a placard of condemnation on the premises and order the structure closed up so as not to be an attractive nuisance. Upon failure of the owner to close up the premises within the time specified in the order, the code official shall cause the premises to be closed and secured through any available public agency or by contract or arrangement by private persons and the cost thereof shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate and may be collected by any other legal resource. DIVISION 8. – EMERGENCY MEASURES Sec. 21-105. – Costs of emergency repairs. Costs incurred in the performance of emergency work shall be recouped in accordance with 21-4(4).
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DIVISION 9. – DEMOLITION Sec. 21-115. – Failure to comply. If the owner of a premises fails to comply with a demolition order within the time prescribed, the Code Official shall cause the structure to be demolished and removed, either through Florence County Public Works or by contract with private persons, and any cost incurred through the use of public funds to abate the violation shall be recouped in accordance with 21-6(2)(a). Sec. 21-116. – Service Action Prior to Demolition: If the whereabouts of such persons is unknown and cannot be ascertained by the code official in the exercise of due diligence and the code official shall make an affidavit to that affect, Then the serving of such complaint and notice order upon such persons shall be made by publishing it once each week for two consecutive weeks in a newspaper printed and published in the county and posted on the property. FLORENCE COUNTY COUNCIL MEETING: This item is tentatively scheduled to appear on the agenda on Thursday, July 20, 2017 @ 9:00 a.m. in room 803 of the County Complex, 180 North Irby Street, Florence.
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STAFF REPORT TO THE FLORENCE COUNTY PLANNING COMMISSION JUNE 27, 2017 PC#2017-12 SUBJECT:
Request For Text Amendments To The Florence County Code Of Ordinances, Chapter 21, NUISANCES, ARTICLE I. – IN GENERAL, Sec. 21-2. – Specific Nuisances, Sec. 21-3. – Complaint, Sec. 21-4. – Voluntary abatement; ARTICLE II. – UNSAFE STRUCTURE ABATEMENT, DIVISION 5. – VIOLATIONS, Sec. 21-64. – Violation penalties, Sec. 21-65. – Abatement of violation; DIVISION 7. – UNSAFE STRUCTURES, Sec. 21-89. – Closing of vacant structures; DIVISION 8. – EMERGENCY MEASURES, Sec. 21-105. – Costs of emergency repairs; ARTICLE II. – UNSAFE STRUCTURE ABATEMENT, DIVISION 9. – DEMOLITION, Sec 21115. – Failure to comply.
APPLICANT:
Florence County Planning and Building Department
STAFF RECOMMENDATION: Approve as submitted. Staff Analysis: The Florence County Code of Ordinances Chapter 21 Nuisance’s does not currently address or allow the county to take remediation action for many homes, buildings, properties which are left abandoned, trashed, and dilapidated. Amending Chapter 21 Nuisances of the Florence County Code of Ordinance will allow County Planning and Building Department Staff to:
Provide an avenue for correction if an owner is unavailable or refuses to take corrective action by allowing the County to contract with third parties or utilize County Staff and resources. Include language that allows abatement action to be taken by the county if the owner/violator fails to rectify a documented complaint. Allow the County to act in order to enforce removal or abatement and recoup all expenses by placing a taxable lien upon such real estate and increase fine amounts for repetitive offenders. Allow the County to effectively address newly occurring nuisance violations while providing an “umbrella ordinance” for existing individual violations.
Therefore, Compliance with the SC Code of Laws requires The Florence County Code of Ordinances, Chapter 21, NUISANCES, ARTICLE I. – IN GENERAL, Sec. 21-2. – Specific Nuisances, Sec. 21-3. – Complaint, Sec. 21-4. – Voluntary abatement; ARTICLE II. – UNSAFE
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STRUCTURE ABATEMENT, DIVISION 5. – VIOLATIONS, Sec. 21-64. – Violation penalties, Sec. 21-65. – Abatement of violation; DIVISION 7. – UNSAFE STRUCTURES, Sec. 21-89. – Closing of vacant structures; DIVISION 8. – EMERGENCY MEASURES, Sec. 21105. – Costs of emergency repairs; ARTICLE II. – UNSAFE STRUCTURE ABATEMENT, DIVISION 9. – DEMOLITION, Sec 21-115. – Failure to comply, shall be amended to read as follows: Chapter 21 – NUISANCES ARTICLE I. - IN GENERAL
Sec. 21-1. - Declaration of nuisance. Any act of any person, group, or business within the (the owner or offending occupant) unincorporated area of the county which results in accumulation of refuse, debris or abandoned property on premises owned by or under the control of such owner or offending occupant and which may provide a harborage for rodents, vermin, and other pest, depreciate property values of neighboring properties, or constitutes a detriment, danger or hazard to the health, safety and welfare of residents of the county is hereby declared to be a public nuisance. Sec. 21-2. - Specific nuisances. Specific acts of nuisance may include but are not expressly restricted to: (1)
Permitting the premises to become unsanitary or a fire menace by allowing any offensive or unsafe matter to grow, accumulate or otherwise occupy and remain upon such premises. The growing of agricultural crops or natural growth areas are not an act of nuisance under this chapter.
(2)
Allowing inoperable and unlicensed cars, trucks, junk, trash, waste, old lumber, used tires, furniture, stoves, refrigerators, freezers, cans or containers, or other abandoned unused or unusable objects or equipment to accumulate and remain upon the premises. This section shall not apply to vehicles in an enclosed building or so located upon the premises so as not to be readily visible from any public place or from any surrounding private property. This section shall further not apply with regard to any vehicle on the premises of a business enterprise when the keeping of such vehicle is necessary to the operation of such business enterprise; or with regard to a vehicle in an appropriate storage place maintained by the county or any other public agency or entity.
(3)
Maintaining and/or occupying or building or part thereof, in an unsafe condition and detrimental to property of others in the neighborhood and which causes, or tends to cause, substantial diminution in the value of other property in the
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neighborhood in which such premises are located and structures defined in 2186. Sec. 21-3. - Complaint. (a)
The owner or occupant(s) of any real property located within 1,500 feet of the property at issue may file, in writing, a complaint alleging a violation of one or more acts of nuisance set forth above. The form for such complaint shall be developed by the county. Such complaint shall be filed at the Florence County Planning and Building Inspection Office.
(b)
The Code Official may investigate and act upon anonymous written, specific complaints alleging a violation of an act or acts of nuisance set forth above, provided the anonymous complaint's allegations prove to be clearly evident when viewed from a public roadway or a public right-of-way, and the violations are substantially material in nature and not merely technical and minor in substance, in the opinion of the planning/codes enforcement office director or his designee, who shall personally review each such case.
(c)
Complaints may be filed by public officials having jurisdiction.
(d)
Upon receipt of such complaint the Code Official shall institute an investigation of the complaint.
Sec. 21-4. – Procedure for Notice of Violations. (a)
If the Code Official determines the complaint is reasonable and the condition set forth in the complaint does allege a specific act of nuisance as set forth in section 21-2 above, the Code Official shall cause to be served by personal service or by mail, return receipt requested, the owner or offending occupant a notice of the complaint. The notice shall include: (1) A copy of the complaint describing the address, description of the violation and a reasonable date that corrections shall be complete along with notice that the owner has the right to file an appeal. The letter shall include a potential date that the county will take to bring abatement action of the nuisance. (i) Where the property owner believes that the order of the codes enforcement manager or his designee is not in accord with the terms of this division, the property owner may appeal the order to the county magistrate court by notifying the code official in writing within five (5) days of the date of the order the Code Official shall give timely notice to the property owner of the time and place where the magistrate court shall hear the matter. The magistrate court shall hear the appeal and enter an order dismissing, amending or confirming the order of the code official. The magistrate court shall make a record of the order entered on appeal and notify the owner of the court's decision. Failure of the owner, or
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(2)
representative thereof, to appear before the court for the hearing on appeal shall be considered an abandonment and withdrawal of the request for the hearing. (ii) The code official shall notify the property owner by registered mail at least ten (10) days in advance of the date and time of the court date at which the matter will be heard, provided, however, nothing in this division shall preclude the codes enforcement manager from reporting the matter to the court for appropriate action at any time when the threat to the public health, welfare and safety in the absence of abatement is imminent. (iii) At the hearing, all witnesses shall be sworn and subject to cross-examination by adverse parties or their representatives. Proof of a violation of this division shall be by a preponderance of the evidence, and the burden of such proof shall rest upon the code official. (iv) It shall not be a defense to an alleged violation of this division that the conditions complained of on the property were not created by the owner thereof; provided, however, that the owner is entitled to show at the hearing that said conditions were created by persons in possession of the property, lawful or unlawful, or unknown members of the public. The court may consider such evidence in setting the period of time in which the unlawful conditions are to be abated. (v) The court may vary the application of any provision of this division in hardship or other cases when in its opinion; the enforcement thereof would do manifest injustice or be contrary to the spirit and purpose of this division or the public interest. In hardship cases, a hardship peculiar to the applicant must be shown. The relationship between the cost of abating the unlawful conditions and the value of the property involved is a factor the court may consider in determining whether there is a hardship in a given case. A copy of this chapter.
(3) A notice of the date and time that an informal hearing will be held not less than ten days nor more than thirty days after the serving of such complaint between the Code Official and the owner or offending occupant. (4) A letter describing the address, description of the violation and a reasonable date that corrections shall be complete. (b)
An informal conference shall be held between the owner and offending occupant and the code official. At the informal conference the Code Official shall attempt to enter into an agreement with the owner or offending occupant whereby the owner or offending occupant agrees to willingly and voluntarily abate the nuisance within a reasonable time. The abatement agreement shall be committed to writing and signed by the owner or offending occupant and the Code Official. The written agreement shall clearly state the actions the owner or offending occupant shall take to abate the nuisance, contain a consent by the owner or offending occupant to the entrance on the premises by the Code Official for the purpose of examining the compliance with the
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agreement and establish a reasonable schedule for the abatement. Provided, any agreement to abate shall not commit the county to expend any public funds in any form or nature, be it monetary, equipment or personnel. (c)
In the event that the owner or offending occupant: (1)
Fails to respond to the notice,
(2)
Fails to execute the abatement agreement, or
(3)
Breaches the abatement agreement,
The Code Official may issue a summons for a hearing in Florence County Magistrate Court. (d)
Recoupment of Cost of Involuntary abatement: (1) If the notice of violation is not complied with, the Code Official shall institute the appropriate proceeding in Florence County Magistrate Court to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the structure in violation of the provisions of this code or of the order or direction made pursuant thereto. Any action taken by the authority having jurisdiction on such premises shall be charged against the real estate upon which the structure is located and shall be a tax lien upon such real estate.
Sec. 21-5. – Penalties (a)
Any person failing to comply with a notice of violation or order served in accordance with this chapter shall be deemed guilty of a misdemeanor. (1)
A fine up to $200.00 may be imposed for first and second offence violations.
(2)
A fine up to $500.00 may be imposed for third or subsequent violations.
(3)
If the violator does not pay the fine prior to and does not appear in the Magistrates’ Court hearing, the magistrate shall issue a Bench Warrant.
Sec. 21-6. – 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 Florence County 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
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result of any act required or permitted in the discharge of his duties under this article, shall be defended by the legal representative of Florence County until the final determination of proceedings therein. ARTICLE II. – UNSAFE STRUCTURE ABATEMENT DIVISION 5. – VIOLATIONS Sec. 21-64. – Violation penalties. Any person who shall violate a provision of this code, or fail to comply therewith, or with any of the requirements thereof, shall be subject to the penalties outlined in 21-5. Each day that a violation continues after due notice has been served shall be deemed a separate offense. Sec. 21-65. – Abatement of violation. The imposition of the penalties herein prescribed shall not preclude the Code Official from instituting appropriate action to restrain, correct or abate a violation, or to prevent illegal occupancy of a building, structure or premises, or to stop an illegal act, conduct, business or utilization of the building or structure. Any cost incurred through the use of public funds to abate the violation shall be recouped in accordance with 21-4(iv). DIVISION 7. – UNSAFE STRUCTURES Sec. 21-89. - Closing of vacant structures. If the structure is vacant and unfit for human habitation and occupancy, and is not in danger of structural collapse, the code official is authorized to post a placard of condemnation on the premises and order the structure closed up so as not to be an attractive nuisance. Upon failure of the owner to close up the premises within the time specified in the order, the code official shall cause the premises to be closed and secured through any available public agency or by contract or arrangement by private persons and the cost thereof shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate and may be collected by any other legal resource. DIVISION 8. – EMERGENCY MEASURES Sec. 21-105. – Costs of emergency repairs. Costs incurred in the performance of emergency work shall be recouped in accordance with 21-4(4).
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DIVISION 9. – DEMOLITION Sec. 21-115. – Failure to comply. If the owner of a premises fails to comply with a demolition order within the time prescribed, the Code Official shall cause the structure to be demolished and removed, either through Florence County Public Works or by contract with private persons, and any cost incurred through the use of public funds to abate the violation shall be recouped in accordance with 21-6(2)(a). Sec. 21-116. – Service Action Prior to Demolition: If the whereabouts of such persons is unknown and cannot be ascertained by the code official in the exercise of due diligence and the code official shall make an affidavit to that affect, Then the serving of such complaint and notice order upon such persons shall be made by publishing it once each week for two consecutive weeks in a newspaper printed and published in the county and posted on the property. FLORENCE COUNTY COUNCIL MEETING: This item is tentatively scheduled to appear on the agenda on Thursday, July 20, 2017 @ 9:00 a.m. in room 803 of the County Complex, 180 North Irby Street, Florence.
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STAFF REPORT TO THE FLORENCE COUNTY PLANNING COMMISSION JUNE 27, 2017 PC#2017-08 SUBJECT:
Amendment to previously approved existing PD, Planned Development
LOCATION:
781 St. Andrews Rd. in Florence County
TAX MAP NUMBER:
00074, Block 01, Parcel 012
COUNCIL DISTRICT(S):
9, County Council
OWNER OF RECORD:
GBA Ships Florence, Inc.
APPLICANT:
Gary W. Brown
LAND AREA:
Approximately 12.2 acres
WATER /SEWER AVAILABILITY:
City of Florence
ADJACENT WATERWAYS/ BODIES OF WATER:
There does not appear to be any waterway/body of water adjacent to the property.
FLOOD ZONE:
N/A
STAFF RECOMMENDATION: Staff recommends approval of the request. STAFF ANALYSIS: 1. Existing Land Use and Zoning: The property is currently zoned PD, Planned Development to facilitate a land use of a church, office building, distribution center, bookstore, and town home units. 2. Proposed Land Use and Zoning: The applicant proposes to amend the previous master plan to include the following variations: - Removal of the church building - Proposed office building has been combined with dining space for visiting volunteers - Bookstore is no longer part of the plan - Instead of town home units, the housing consist of 3 small buildings, future small duplex cottages, and 5 R.V. pads with utility hookups - Inclusion of a small maintenance facility with showers, - Outdoor recreation area with a basketball court, gazeebo, and fire pit
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3. Transportation Access and Circulation: Emergency access to the property will be by way of St. Andrews Rd and Southborough Rd.
Attachments: 1. Aerial Map 2. Site Plan
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