A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 4-9-145, RELATING TO LITTER CONTROL OFFICERS, SO AS TO AUTHORIZE LITTER CONTROL AND CODE ENFORCEMENT OFFICERS TO REQUEST ACCESS TO A BLIGHTED PROPERTY, AND TO ESTABLISH PROCEDURES FOR THE ISSUANCE OF A SEARCH WARRANT WHEN SUCH ACCESS IS DENIED.

 

Be it enacted by the General Assembly of the State of South Carolina:

 

SECTION 1.  Section 4-9-145 of the S.C. Code is amended to read:

 

    Section 4-9-145. (A) Except as provided in subsection (B), the governing body of a county may appoint and commission as many code enforcement officers as may be necessary for the proper security, general welfare, and convenience of the county. These officers are vested with all the powers and duties conferred by law upon constables in addition to duties imposed upon them by the governing body of the county. However, no code enforcement officer commissioned under this section may perform a custodial arrest, except as provided in subsection (B). These code enforcement officers must exercise their powers on all private and public property within the county. The governing body of the county may limit the scope of a code enforcement officer's authority or the geographic area for which he is authorized to exercise the authority granted.

    (B)(1) The number of litter control officers vested with custodial arrest authority who are appointed and commissioned pursuant to subsection (A) must not exceed the greater of:

           (a) the number of officers appointed and commissioned by the county on July 1, 2001; or

           (b) one officer for every twenty-five thousand persons in the county, based upon the most recent census. Each county may appoint and commission at least one officer, without regard to the population of the county.

       (2)(a) A litter control officer appointed and commissioned pursuant to subsection (A) may exercise the power of arrest with respect to his primary duties of enforcement of litter control laws and ordinances and other state and local laws and ordinances as may arise incidental to the enforcement of his primary duties only if the officer has been certified as a law enforcement officer pursuant to Chapter 23, Title 23.

           (b) In the absence of an arrest for a violation of the litter control laws and ordinances, a litter control officer authorized to exercise the power of arrest pursuant to subitem (a) may not stop a person or make an incidental arrest of a person for a violation of other state and local laws and ordinances.

       (3) For purposes of this section, the phrase "litter control officer" means a code enforcement officer authorized to enforce litter control laws and ordinances who has completed the required training and has been certified as provided for in subsection (B)(2)(a).

    (C) When real property comes under the jurisdiction of any litter statute, regulation, or local ordinance as the result of such property acting as a nuisance, junkyard, or when the property has become blighted with solid waste visible from a public roadway or private easement, a law enforcement officer, litter control officer, or code enforcement officer, upon proper presentation of credentials to the property owner, manager, or agent of the property owner, shall enter at reasonable times and have the right to question either publicly or privately any such property owner, manager, or agent. A law enforcement officer or code enforcement officer may inspect, investigate, photograph, copy books or financial records, and sample all pertinent places during regular working hours and at other reasonable times, and within reasonable limits, and in a reasonable manner.

    (D) If an officer is denied admission for purposes of inspection, the officer may seek a search warrant as follows:

       (1) Any circuit judge or magistrate having jurisdiction where the inspection and investigation is to be conducted is empowered to issue administrative warrants upon proper showing of the need for such entry. Such inspection and investigation may include interviewing of property owners, photographing, sampling, copying of books and financial records, and such other tests and acts as are necessary to carry out the purposes of the inspection and investigation.

       (2) A search warrant must be issued upon an affidavit of an officer having knowledge of the facts alleged, sworn to before the circuit judge or magistrate establishing the grounds for issuing the warrant and certifying that the request for permission to conduct the inspection has been made to the property owner who refused or was unable to be reached after reasonable attempts have been made. If the circuit judge or magistrate is satisfied that grounds for the application exist, he shall issue a warrant identifying the area, premises, building, real property, or personal property to be inspected, the purpose of such inspection, and, where appropriate, the type of property to be inspected. The search warrant must be directed to a law enforcement or code enforcement officer and it must state the grounds for issuance with the supporting affidavit being made a part thereof. It shall command the person to whom it is directed to inspect the area, premises, building, real property, or personal property identified for the purpose specified. The warrant must require that it be executed at a reasonable time and designate the circuit judge or magistrate to whom it must be returned.

       (3) A search warrant issued pursuant to this subsection must be served within ten days and returned within thirty days of the date it was issued. The circuit judge or magistrate who has issued a warrant under this subsection must attach to the warrant a copy of the return and all papers filed in connection with the warrant and must file them with the court that issued the warrant.

       (4) Any circuit judge or magistrate authorized to issue warrants pursuant to this subsection must keep a record along with a copy of the return warrant and the supporting affidavit and documents thereof for a period of three years from date the warrant was issued.

 

SECTION 2.  This act takes effect upon approval by the Governor.

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