South Carolina § 6-9-80 - Mandamus and injunctive relief for violation of code or regulation; penalties.

§ 6-9-80. Mandamus and injunctive relief for violation of code or regulation; penalties.

(A) For a violation of the building codes or regulations adopted pursuant to this chapter, the local building officials, municipal or county attorneys, or other appropriate authorities of a political subdivision, or an adjacent or neighboring property owner who would be damaged by the violation, in addition to other remedies, may apply for injunctive relief, mandamus, or other appropriate proceeding. A court may grant temporary injunctive relief upon receipt of a verified complaint of an imminent danger or emergency situation.

(B) A person found to be in violation of a building code or regulation adopted pursuant to the provisions of this chapter must be cited and fined, by civil fine, in an amount not more than two hundred dollars. Before being charged with a second violation, the person must be given seven calendar days to remedy the violation or submit a plan for correcting the violation.

(C) A person who fails to correct a violation or submit a plan for correcting a violation within seven calendar days after citation or written notice must be cited and fined, by civil fine, in an amount not to exceed two thousand dollars. Each day a violation continues is a separate offense.

HISTORY: 1962 Code SECTION 14-400.588; 1972 (57) 2607; 1984 Act No. 481, SECTION 2; 1997 Act No. 123, SECTION 1; 2003 Act No. 83, SECTION 1, eff July 2, 2003.

Editor's Note

Under the provisions of Chapter 34, Title 1, an agency is required to adopt the latest edition of a nationally recognized code which it is charged by statute or regulation with enforcing by giving notice in the State Register.

Effect of Amendment

The 2003 amendment designated the existing undesignated paragraph as subsection (A) and added the second sentence of new subsection (A), relating to granting injunctive relief upon complaint of imminent danger or emergency, and subsections (B) and (C), relating to penalties for violations of the building code and the failure to correct or submit a plan to correct violations.