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Berkeley County, SC Property Maintenance: Property Blight (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Governing section
County Code § 23.5.1
Enforcing official
County Supervisor (public officer)
Hearing set
10 to 30 days after complaint
Appeal deadline
60 days to circuit court
Penalty
Up to $500 fine or 30 days jail
Unpaid abatement cost
Becomes a lien on property

Summary

Berkeley County's public officer can declare a dwelling unfit for human habitation under County Code § 23.5.1 when dilapidation, fire hazards, or unsanitary conditions threaten residents. After a hearing, the officer orders repair, vacation, or demolition, and can do the work himself and lien the property if the owner ignores the order.

These county ordinances apply to unincorporated areas of Berkeley County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

Whenever the public officer finds that there exist in the county dwellings which are unfit for human habitation and/or other use due to (a) dilapidation, (b) defects increasing the hazards of fire, accidents or other calamities, (c) lack of ventilation, light or sanitary facilities; or, (d) other conditions rendering such dwellings unsafe or unsanitary, dangerous or detrimental to the health, safety or morals or otherwise inimical to the welfare of the residents of Berkeley County, the public officer may, deem a dwelling unfit and the property owner shall be responsible for repairing, removing or demolishing the dwelling in accordance with any applicable local, state and/or federal regulations.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 37).

Full Breakdown

Article 23 of the Berkeley County Code addresses dwellings unfit for human habitation anywhere in the unincorporated county. 1 as the County Supervisor or a designated representative, can act on findings of dilapidation, fire hazards, poor ventilation or light, or unsanitary conditions. 2), or the officer opens an investigation on his own motion. If a preliminary review shows a basis for the complaint, the officer serves the owner and interested parties with a written complaint and schedules a hearing between 10 and 30 days later, where the owner may answer and testify; strict court rules of evidence do not apply.

3 requires the officer to state written findings and issue an order: if repair is affordable relative to the dwelling's value, the owner must repair, alter, or improve it, or vacate and close it; if repair is not cost-effective, the owner must remove or demolish it. 5 authorizes the officer to demolish the structure directly. 6 turns the county's cost of repair, closing, or demolition into a lien against the property, collectible the same way as county taxes. 9, and the court must hold a hearing within 20 days.

Violations & Fines

Section 23.6 makes any violation of Article 23, including ignoring an unfit-dwelling order, a misdemeanor: conviction carries a fine of not more than $500.00 or imprisonment for up to 30 days, and each day the violation continues is a separate offense. Beyond the criminal fine, the county's repair or demolition cost becomes a lien on the property under § 23.5.6, collectible the same way as unpaid county taxes.

Frequently Asked Questions

Who can file a complaint about an unfit dwelling in Berkeley County?
At least five county residents may petition the public officer under § 23.5.2, or the public officer may act on his own motion after a preliminary investigation shows a basis for the charge that the dwelling is unfit for human habitation.
What happens if the owner ignores a repair or demolition order?
Under § 23.5.4 and § 23.5.5, the public officer may repair, alter, vacate, close, remove, or demolish the dwelling himself and post a placard declaring it unfit for habitation. The cost becomes a lien on the property collectible like county taxes under § 23.5.6.
Can a property owner appeal the public officer's order?
Yes. Section 23.5.9 gives an owner 60 days after the order is posted and served to petition the circuit court for an injunction; the court must hold a hearing within 20 days and can issue a temporary injunction while the case is pending.
What is the penalty for violating the unfit-dwellings ordinance?
Section 23.6 makes any violation a misdemeanor punishable by a fine of not more than $500.00 or imprisonment for up to 30 days, with each day of continued violation counted as a separate offense.

Sources & Official References

Other rules in Berkeley County

All Berkeley County rules

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