§ 10-46. Public officer's investigation, complaint, public hearing and order.

(a)

Investigation. Acting on his inspection and own motion, or whenever a petition is filed with the public officer by at least five residents of the municipality charging that any dwelling is unfit for human habitation, the public officer shall investigate the existence an unfit dwelling.

(b)

Complaint and hearing. If his preliminary investigation discloses a basis for such charges, he shall issue and cause to be served upon the owner of and all parties in interest in such dwelling a complaint stating the charges in that respect, and containing a notice that a public hearing will be held before the public officer or his designated agent at a time and place therein fixed, to be held not less than five days nor more than fifteen days after the date of the complaint, excluding Saturday, Sunday and legal holidays. The public hearing will be conducted at the time and place therein fixed, unless the owner or parties in interest request a continuance, provided however, only one continuance may be extended upon good cause shown, and the extension may not exceed five days, excluding Saturday, Sunday and legal holidays. A copy of the public officer's complaint shall be filed in the Horry County Register of Deeds by the city attorney. Such filing of the complaint or order shall have the same force and effect as other lis pendens or lien notices provided by law.

(c)

Answer and public hearing before public officer. The owner and parties in interest have the right to file an answer to the complaint with the public officer and in like manner in Horry County as the complaint, and to appear in person at the public hearing and give testimony at the place and time fixed. The rules of evidence prevailing in courts of law or equity shall not be controlling in hearings before the public officer.

(d)

Official's order. After the hearing, if the public officer determines that no just cause has been shown as to why dwelling should remain unfit and in disrepair, and further that the dwelling under consideration is unfit for human habitation due to its unfitness and disrepair, within two days after the hearing, he shall state in writing his findings of fact in support of such determination, including the time allowed for compliance.

(1)

If the repair, alteration or improvement of the dwelling can be made at a reasonable cost in relation to the value of the dwelling, requiring the owner, within the time specified in the order, to repair, alter, or improve such dwelling to render it fit for human habitation or to vacate and close the dwelling as a human habitation; or

(2)

If the repair, alteration or improvement of such dwelling cannot be made at a reasonable cost in relation to the value of the dwelling, requiring the owner, within the time specified in the order, to remove or demolish such dwelling.

He shall issue and cause to be served upon the owner thereof an order regarding the property. A copy of the public officer's order shall be filed in the Horry County Register of Deeds by the city attorney.

(e)

Owner's response to the order. If the owner complies with the order to repair, alter or improve, or to vacate and close and secure the dwelling with the time established, the complaint and order are satisfied, and the complaint and order filed in the Horry County land records shall be nullified by the city attorney. If the owner fails to comply with an order to repair, alter or improve or to vacate and close the dwelling within the time set forth in the order, the public officer may act close and secure the property if unsecured, and may post the structure as unfit for human habitation, if the violations rise to the level that human habitation is would be injurious, or the public officer may provide notice to the manager of the failure of the owner or parties in interest to comply with the order.

(Ord. No. 2013-8, 1-22-13; Ord. No. 2015-33, 4-28-15)