STATE OF SOUTH CAROLINA            )

                                                            )                       ORDINANCE NO. 05-16-07

COUNTY  OF NEWBERRY   )

 

AN ORDINANCE AMENDING CHAPTER  30 OF THE NEWBERRY COUNTY CODE OF ORDINANCES RELATING TO ISSUANCE OF THE ORDINANCE SUMMONS BOOKS AND THE TRAINING AND COMMISSIONING OF CODE ENFORCEMENT OFFICERS.

 

 

WHEREAS, Newberry County Council, as the governing body of Newberry County, adopted Ordinance No. 136 on October 14, 1993, which provides for the issuance of Ordinance Summonses for violations of County Ordinances pursuant to Section 56-7-80 of the S.C. Code of Laws, 1976, as amended, and

 

WHEREAS, the enforcement of County regulatory ordinances through the Ordinance Summons process is a duty primarily performed by employees under the supervision and control of the County Administrator, the Newberry County Council determines that it is appropriate to devolve upon the County Administrator  additional duties relating to the commissioning of Code Enforcement Officers, the issuance of Ordinance Summons books, making provision for the auditing of summonses issued, and for the training and commissioning of  Code Enforcement Officers,  and

 

WHEREAS, Newberry County Council, as authorized by § 4-9-30 and §56-7-80 of the S.C. Code of Laws, 1976, as amended, has the power to devolve these additional duties on the County Administrator so as to more fully implement the public policies of the County relating to Code Enforcement.

 

 

 

NOW, THEREFORE, BE IT ORDAINED THAT NEWBERRY COUNTY COUNCIL DOES HEREBY AMEND SECTION  30.05  OF THE NEWBERRY COUNTY CODE OF ORDINANCES SO AS TO:

1.            Amend Section 30.05(A), as follows:

 

            (A)            There shall be made available to Code Enforcement Officers and Sheriff’s Department of this county an ordinance summons which complies with the requirements of S.C. Code Section 57-7-80, as interpreted by the South Carolina Supreme Court and/or the South Carolina Court of Appeals. The form of the Ordinance Summons shall be substantially similar to the form attached to Ordinance 136, and incorporated by reference as Attachment  A . this Code of Ordinances, with such modifications as may be recommended from time to time by the County Attorney in order to bring the form of the Ordinance Summons into compliance with legal requirements.

 

            (B)               The Sheriff’s Department County Administrator shall be responsible for having the summons books  printed, issuing blank summons books and keeping a record of the summons forms assigned to an individual.

 

            (C)            Any Code Enforcement officer, Sheriff or Sheriff’s deputy issuing an ordinance summons shall be responsible for forwarding the copy of the summons labeled Court Copy to the appropriate judicial office within 48 hours of issuing the summons, or on the next business day of the judicial office, if that day is more than 48 hours after the issuance of the summons,   It shall also be the issuing officer’s responsibility to keep the copy of the summons labeled Officer Copy until the appointed hearing time. After all

action concerning the summons has been concluded, the issuing officer shall turn the Officer Copy of the summons in to the Sheriff’s Department  County Administrator ’s office within 48 hours or on the next business day of that office, if that day is more than 48 hours after action on the  summons is concluded. 

 

            (D)            The Sheriff’s Office  County Administrator  shall be responsible for keeping the summons forms which have been turned in by  law enforcement Code Enforcement and other officers in a manner which will allow for an annual audit of the summons forms, as required by § 56-7-80(C) and § 4-9-150, S.C.  Code of Laws, 1976, as amended.. 

 

            (E)            The County Administrator shall  provide for the training of all Code Enforcement officers.

 

            (F)            The County Administrator shall provide for criminal records and background checks of all Code Enforcement officers prior to their commissioning, and the payment for such records checks out of a contingency account or from an account established for that purpose.  To the extent not addressed by County Ordinance, the County Administrator  shall administratively establish appropriate criteria for persons under his direction and control to serve as Code Enforcement officers, and the County Administrator  shall be empowered to relieve a person of such authority, if in his judgment, such action is warranted.

 

 

 

 

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(G)       County Council hereby delegates to the County Administrator the power, authority and duty to administer oaths to and to commission all Code Enforcement officers as are approved by or appointed by it.  Such commissions shall be evidence by the issuance of a badge, commission card and/or such other emblems of authority as the County Administrator  deems appropriate, together with an Ordinance Summons book. 

 

(H)       The Clerk to Council  shall keep a record of all such commissions issued by the County Administrator, and the duration of such commissions and other pertinent records relating thereto.              

 

AND IT IS SO ORDAINED by Newberry County Council this ___ day of May, 2007

in meeting duly assembled at  Newberry, South Carolina.

 

                                                                                    NEWBERRY COUNTY COUNCIL

            (SEAL)

By:__________________________

Henry B. Summer, Chairman

Attest:

___________________________

Susan C. Fellers, Clerk to Council

 

1st reading:________________                            Reviewed and approved as to form:

Public Hearing:_____________                                _____________________________

2nd reading:________________                            Gary T. Pope, County Attorney

3rd reading:________________                            _____________________________

                                                                        Wayne Adams, County Administrator