Chapter 11

Chapter 11: Violations, Penalties, & Enforcement

Article 11.1    Ordinance Compliance Required
Article 11.2    Violations
Article 11.3    Enforcement, Responsibility, & Complaints
Article 11.4    Complaints
Article 11.5    Authority
Article 11.6    Remedies & Enforcement Powers
Article 11.7    Private Enforcement Actions
Article 11.8    Tree Protection Violations
Article 11.9    Sign Violations
Article 11.10    Violations Continue
Article 11.11    Other Enforcement Actions

Article 11.1 Ordinance Compliance Required

No activity regulated by this Ordinance shall be undertaken except in full compliance with the express provisions of this Ordinance.
No activity that is the subject of any permit or approval issued pursuant to the provisions of this Ordinance shall be undertaken except in full compliance with the subject permit or approval, including any attached conditions.
The commencement or continuation of any activity regulated by this Ordinance that is not in compliance with the express provisions of this Ordinance, or that is not in compliance with the express provisions of any permit or approval, including any attached conditions, shall be a violation of this Ordinance, and subject to enforcement under the terms of this chapter and South Carolina law.

Article 11.2 Violations

All of the following constitute violations of this Ordinance:

To use or attempt to use land or a building in any way not consistent with the requirements of this Ordinance;

To erect or attempt to erect a building or other structure in any way not consistent with the requirements of this Ordinance;

To engage or attempt to engage in the development or subdivision of land in any way not consistent with the requirements of this Ordinance;

To transfer title to any lots or parts of a development unless the subdivision has received all approvals required under this Ordinance and an approved plan or plat, if required, has been filed in the appropriate County office;

To submit for recording with a County office any subdivision plat that has not been approved in accordance with the requirements of this Ordinance;

To install or use a sign in any way not consistent with the requirements of this Ordinance;

To engage in the use of a building or land, the use or installation of a sign, the subdivision or development of land or any other activity requiring one (1) or more approvals or permits under this Ordinance without obtaining all such required approvals or permits;

To engage in the use of a building or land, the use or installation of a sign, the subdivision or development of land or any other activity requiring one (1) or more approvals or permits under this Ordinance in any way inconsistent with any such approval or permit and any conditions imposed;

To violate the terms of any approval or permit granted under this Ordinance or any condition imposed on such approval or permit;

To obscure or obstruct any notice required to be posted or otherwise given under this Ordinance;

To violate any lawful order issued by any person or entity under this Ordinance; or
To continue any violation as defined above, with each day of continued violation to be considered a separate violation for purposes of computing cumulative civil or criminal penalties.

Article 11.3 Enforcement, Responsibility, & Complaints

The responsibility for the enforcement of this Ordinance is delegated to the Planning Director or their designee.
If the Planning Director shall find that any of the provisions of this Ordinance are being or have been violated, the Planning Director shall notify in writing the person responsible for such violation, setting forth the nature of the violation and the action necessary to correct it.

Article 11.4 Complaints

Whenever a violation of this Ordinance occurs, or is alleged to have occurred, any person may file a signed written complaint with the Town of Meggett. Such complaint shall state fully the causes and basis thereof.
The Planning Director shall properly record such complaint, immediately investigate to determine the validity of the charge, and take whatever action is necessary to assure compliance with this Ordinance.

Article 11.5 Authority

The Planning Director shall have the authority to enter upon the premises subject to this Ordinance for the purpose of enforcing the provisions of this Ordinance.

Article 11.6 Remedies & Enforcement Powers

On behalf of the Town of Meggett, the Planning Director may take anyone (1) or more of the following actions as a remedy for any violation of this Ordinance:

Withholding any approvals or permits required by this Ordinance or order other officials to withhold such approval or permits;
Issuing stop orders against any work undertaken by an entity not having a proper approval or permit required by this Ordinance;
Issuing stop orders against any actions in violation of this Ordinance;
Bringing an action for an injunction (or, in appropriate cases, for mandamus) to prevent the violation and/or to prevent the occupancy or use of any site or structure involved in the violation;
Bringing an action for injunction or mandamus to abate a violation;
Issuing and personally serving on the violator an ordinance summons for violations observed first-hand;
Pursuing prosecution of the violation as a misdemeanor.

Article 11.7 Private Enforcement Actions

Any individual who is specifically damaged by any violation may, in addition to other remedies, institute injunction, mandamus, or other appropriate action or proceeding to prevent the unlawful erection, construction, reconstruction, alteration, conversion, maintenance, or use, or to correct or abate the violation, or to prevent the occupancy of the building, structure or land. This is in addition to the right of the County or Town to bring an enforcement action.

Article 11.8 Tree Protection Violations

Any person, firm, organization, society, association or corporation, or any agent or representative thereof who commits, participates, or assists in a violation of the Tree Protection and Preservation standards of Art. 9.2 may each be found guilty of a separate offense and suffer the penalties herein provided. Each unauthorized removal, destruction or failure to replace a tree shall constitute a separate offense.
Should violations be noted during the course of a project or at final inspection, the Planning Director shall take appropriate actions, including, but not limited to the following:

Requiring replacement of illegally removed trees;
Requiring replacement of required trees that are damaged, diseased, dying, or dead;
Requiring remedial actions to protect trees during construction;
Revoking Zoning Permits; and
Denying Certificates of Occupancy.
Nothing herein shall prevent the Town from taking such other lawful action as is necessary to prevent or remedy any violations.

Article 11.9 Sign Violations

§11.9.1 Signs Subject to Impoundment
In addition to other remedies and enforcement powers of this chapter, the Planning Director or their designee shall have the authority to remove and hold any of the following types of signs or sign structures:
A. Any prohibited sign is subject to impoundment without notice to the owner;
B. Any sign that is installed or used in any way that is not consistent with the requirements of this Ordinance, provided that notice has been given as set forth in Sec. 11.3.2 and no action has been taken by the owner within the specified time frame.

§11.9.2 Recovery of Impounded Signs
The owner of an impounded sign or sign structure may recover same upon the payment of $50.00 for each sign plus the costs of removal. In the event it is not claimed within ten (10) days from the date of impoundment, the Planning Director shall have authority to dispose of such sign or sign structure without compensation to the owner.

Article 11.10 Violations Continue

Any violation of the previous Zoning Ordinance or Subdivision Ordinance will continue to be a violation under this Ordinance and be subject to penalties and enforcement under this chapter, unless the use, development, construction, or other activity complies with all applicable provisions of this Ordinance, in which case enforcement action shall cease, except to the extent of collecting penalties for violations that occurred before May 28, 1999. Any prior lack of enforcement shall not constitute any degree of recognition, approval or other entitlement.

Article 11.11 Other Enforcement Actions

§11.10.1 Zoning Map Amendment Requests
Zoning Map Amendment applications shall not be accepted or processed when it is evident that a violation of this Ordinance exists on or in the use of land that is the subject of the requested change. The Town Council may, however, after consideration of the specific case, waive this requirement and direct staff in writing to process the application, violation notwithstanding. All documents and fees required for a zoning change application shall be included with the application. Denial of the rezoning application shall be final and the violation shall be removed before further consideration of a change in zoning.

§11.10.2 Contempt of Planning Commission or Board of Zoning Appeals
In case of contempt by any party, witness or other person before either the Planning Commission or the Board of Zoning Appeals, such Board may certify such fact to the circuit court of the County wherein such contempt occurs and the judge of the court, either in term time or vacation, after hearing, may impose such penalty as the facts authorize or require.

§11.10.3 Other Actions
Nothing herein shall prevent the County or Town from taking such other lawful action as is necessary to prevent or remedy any violation.