Council adopts new municipal code path for derelict vehicles; ordinance draws on International Property Maintenance Code
Summary
Council introduced and approved the first reading of a revised ordinance addressing abandoned and derelict vehicles, with the city attorney saying the draft relies on the International Property Maintenance Code and municipal-court hearings to provide due process.
Tega Cay council introduced and approved the first reading of an ordinance to repeal and replace section 50-97 of the municipal code dealing with abandoned and derelict vehicles.
City Attorney Chaplain explained the draft leans on the International Property Maintenance Code, which "is a national code" adopted by many municipalities and provides notice requirements, cure periods and judicial hearings in municipal court. Chaplain said the approach was preferable to shoehorning enforcement into the state's towing statute and gives property owners a clearer due-process path: "The judge would make a decision providing a person a notice and an opportunity to be heard."
Council members asked whether the change increases litigation risk; Chaplain said any active governmental enforcement can lead to claims but that the International Property Maintenance Code has case law and an attorney-general opinion supporting its validity in South Carolina. After discussion the council voted unanimously to approve the ordinance introduction and first reading.
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