S.C. Code Ann. § 31-15-40
Power of municipality to declare nuisances not impaired
Operative Text
Nothing in SECTION 31-15-30 shall be construed to impair or limit in any way the power of a municipality to define and declare nuisances and to cause their removal or abatement by summary proceedings or otherwise.
Section 31-15-40 of the South Carolina Code clarifies that the provisions of Section 31-15-30 do not reduce or restrict a municipality's existing authority to identify conditions as nuisances and to order their removal or correction, whether through expedited summary proceedings or other legal mechanisms. In other words, local governments retain their full traditional powers to address nuisances independently of whatever Section 31-15-30 establishes. This provision functions as a savings clause, preserving parallel municipal authority rather than creating new rights or obligations.
Plain English — not legal advice.
Under S.C. Code Ann. § 31-15-40, a municipality retains the authority to declare property conditions nuisances and compel their abatement even when Section 31-15-30 might otherwise seem to govern a situation. Compliant property operators generally stay informed about local nuisance ordinances in the municipalities where they own or manage property, since those local rules operate independently and are not displaced by state housing statutes. Awareness of both state and local frameworks helps operators understand the full scope of obligations that may apply to a given property.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 31-15-40 makes clear that local municipalities in South Carolina keep their independent power to define and act against nuisances, separate from any limitations that might be read into Section 31-15-30. This means tenants may have recourse not only under state law but also under local municipal nuisance ordinances if conditions on a property are declared a nuisance by the local government. Tenants who believe a property condition may qualify as a nuisance can look into their municipality's local code, contact local housing or code enforcement offices, or reach out to a tenant-rights organization to understand what avenues may be available.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 16, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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