AGO 06-215.

• Case Date: December 15, 2006
• Court: South Carolina

South Carolina Attorney General Opinions 2006. AGO 06-215. OPINION NO. 06-215December 15, 2006The Honorable Jeffrey D. DuncanMember, House of Representatives Post Offce Box 721 Clinton, South Carolina 29325 Dear Representative Duncan: We received your letter concerning the enforcement of a City of Clinton ordinance. As you explained in your letter, "[t]he city of Clinton has an ordinance, like many small towns in South Carolina, where colleges and universities are located that deals with off campus student housing. The current city ordinance says that no more than three unrelated persons can live in one residence. Currently, the city is struggling with ways to enforce this ordinance." Thus, you request an opinion of this Office as to the "ways that the city can better enforce this ordinance on their books." Furthermore, you add: "A recent article in the Greenville News indicated that the city of Clemson has a similar ordinance and is enforcing it by issuing a warrant allowing an officer to go to the residence to inspect. If that is a viable means of enforcement, the city of Clinton needs to know that." Law/Analysis In our research, we located the ordinance to which we believe you refer. Section 3.13 of the Clinton Zoning Ordinance provides:

With the exception of a family, the number of occupants permitted to reside in a dwelling unit in a particular zoning district shall comply with the following table on the condition that for each occupant, one (1) off-street parking space shall be provided. In any dwelling unit, only one (1) family, as defined by this ordinance, may occupy a unit. Additionally, in a dwelling unit occupied primarily by a family, two (2) occupants may reside within the dwelling unit. No additional occupants may be permitted on any single household residential lot which contains a separate apartment unit.

District R-1 R-2, R-3, C-2, C-3, A-R PD Number of Occupants Three (3) Four (4) Set by approved plan Section 2.3 defines "family" as "One or more persons related by blood, marriage, adoption or guardianship, and not more than three persons not so related, except that mentally and physically handicapped person for whom care is provided on a 24-hour basis shall be construed a family, in accord with the provisions of state law." Section 3.13 also sets forth the compliance and permit requirements associated with group occupied dwellings. This section requires the issuance of an occupancy permit prior to the use of a dwelling unit for group occupancy. Additionally, this provision states:

Where non-compliance with the provisions of this section or an ongoing problem has been determined to exist, the Zoning Administrator shall notify the owner in writing of the nature and extent of the problem, together with instructions to correct the problem within a reasonable time frame. Failure of the owner to comply fully with an order to correct the situation shall constitute a violation of this ordinance resulting in (a) revocation of the occupancy permit, and/or (b) fines and penalties as determined by the Court.

Primarily, you request an opinion as to ways the City of Clinton (the "City") may enforce this ordinance. Per the ordinance, the Zoning Administrator is charged with enforcement. To answer your request, we would be required to speculate on a matter specifically...