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 Ware Shoals
 Code of Ordinances
 Chapter 18. ENVIRONMENT

  § 18-5. Charges for abatement by town; notices; collection.

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  • (a)

    Charges for removal and abatement of public nuisances as described in sections 18-1 and 18-2 by the town pursuant to this chapter and section 5-7-80 of the South Carolina Code of Laws, 1976 (S.C. Code 1976, § 5-7-80), as amended, shall be a lien upon the premises. Whenever a bill for such charges remains unpaid for 60 days after it has been rendered, the town clerk may file in the town's office a statement of lien claim. This statement shall contain a legal description of the premises, the expenses and costs incurred and the date the weeds or other growth were removed and a notice that the town claims a lien for this amount. When a notice of municipal taxes is sent for a parcel of property which is subject to a lien, in addition to the amount of the municipal tax, the town clerk shall itemize the amount of the lien. The amount of the lien shall be payable as an additional municipal tax.

    (b)

    Notice of such a lien shall be mailed to the owner of the premises if his address is known. However, failure of the town clerk to mail such notice, or failure of the owner to receive such notice, shall not affect the right to the lien for such charges as provided herein. The lien shall be collectible pursuant to section 5-7-80 of the South Carolina Code of Laws of 1976 (S.C. Code 1976, § 5-7-80), as amended, in the same manner as municipal taxes.

    (c)

    Property subject to a lien for unpaid weed or growth removal shall be sold under execution for nonpayment of the same and the proceeds of such sale shall be applied to pay the charges after deducting costs, as is the case in foreclosure of statutory liens. Any foreclosure shall be in equity in the name of the town. The procedure for sale under execution for the cost of removal shall be the same as set out in the statutes.

    (d)

    The town attorney is hereby authorized and directed to institute such proceedings, in the name of the town, in any court having jurisdiction over such matter, against any property for which such bill has remained unpaid for 60 days after it has been rendered.

(Code 1988, § 6-1-5; Ord. No. 07-02(part), 2007)