S.C. Code § 5-37-10
Short title; authority of municipalities
This chapter may be referred to as the "Municipal Improvement Act of 1999", and any municipal corporation of this State is hereby authorized to exercise the powers and provisions hereof.
South Carolina Code Title 5, Chapter 37 — Municipal Improvements Act of 1999
South Carolina · statute · S.C. Code tit. 5, ch. 37 · 21 active provisions
S.C. Code § 5-37-20
Definitions
As used in this chapter, the following terms have the following meanings: (1) "Assessment" means a charge against the real property of an owner within an improvement district created pursuant to this chapter which may be based on assessed value, front footage, area, per parcel basis, the value of improvements to be con…
S.C. Code § 5-37-25
Consent required to use revenues for improvements outside municipality where improvement district is located
A municipality must obtain the consent of the county governing body and any other municipality where the improvement is located to use revenue collected pursuant to this chapter for improvements located outside the municipal boundaries in which the improvement district is located.
S.C. Code § 5-37-30
Improvements authorized; funding sources
The governing body is authorized to acquire, own, construct, establish, install, enlarge, improve, expand, operate, maintain and repair, and sell, lease, and otherwise dispose of any improvement and to finance such acquisition, construction, establishment, installation, enlargement, improvement, expansion, operation, m…
S.C. Code § 5-37-35
Assessments for fund improvements not to be imposed on property not located in improvement district; exception for bonds issued pursuant to Section 5-37-30
(A) Notwithstanding the provisions of Section 5-37-30, assessments, revenues, or debt service on bonds which may be used under this chapter to fund municipal improvements must not impose or be derived from, in whole or in part, a tax or assessment on property not located in the improvement district. Bonds issued pursua…
S.C. Code § 5-37-40
Establishment of improvement districts; written consent of owners
(A) If the governing body finds that: (1) improvements would be beneficial within a designated improvement district; (2) the improvements would preserve or increase property values within the district; (3) in the absence of the improvements, property values within the area would be likely to depreciate, or that the pro…
S.C. Code § 5-37-45
Inclusion in improvement district of area in which the proposed improvements have been constructed or are under construction; exceptions
(A)(1) The governing body may include within an improvement district an area within the municipality in which the proposed improvements have been constructed or are under construction at the time of the establishment of the improvement district. (2) Before the commencement of the construction of these improvements, a w…
S.C. Code § 5-37-50
Resolution regarding improvement plan and public hearing
The governing body, by resolution adopted, shall describe the improvement district and the improvement plan to be effected, including a property within the improvement district to be acquired and improved, the projected time schedule for the accomplishment of the improvement plan, the estimated cost and the amount of t…
S.C. Code § 5-37-60
Publication of resolution
A resolution providing for an improvement district, when adopted, shall be published once a week for two successive weeks in a newspaper of general circulation within the incorporated municipality and the final publication shall be at least ten days prior to the date of the scheduled public hearing. At the public heari…
S.C. Code § 5-37-70
Payment of costs of improvements
The governing body may provide by the resolution for the payment of the cost of the improvements and facilities to be constructed within the improvement district by assessments on the property therein as defined in Section 5-37-20, or by the issuance of special district bonds, or by general obligation bonds of the muni…
S.C. Code § 5-37-80
Assessments upon property owners
The financing of improvements by assessments, bonds, or other revenues, and the proportions thereof, shall be in the discretion of the governing body; and the rates of assessments upon property owners within the improvement district need not be uniform but may vary in proportion to improvements made immediately adjacen…
S.C. Code § 5-37-90
Improvements as property of municipality; use of special assessments
The improvements as defined in Section 5-37-20 are to be or become the property of the municipality, State, or other public entity and may at any time be removed, altered, changed, or added to, as the governing body may in its discretion determine; provided, that during the continuance or maintenance of the improvement…
S.C. Code § 5-37-100
Ordinance creating improvement district
No sooner than ten days nor more than one hundred twenty days following the conclusion of the public hearing provided in Section 5-37-50, the governing body, by ordinance, may provide for the creation of the improvement district as originally proposed or with the changes and modifications in it as the governing body ma…
S.C. Code § 5-37-110
Assessment roll; preparation and distribution; publication of notice; hearing of objections
In the event all or any part of improvements and facilities within the district are to be financed by assessments on property therein, the governing body shall prepare an assessment roll in which there shall be entered the names of the persons whose properties are to be assessed and the amount assessed against their re…
S.C. Code § 5-37-120
Notice of assessment to owners; filing of objections
As soon as practicable after the completion of the assessment roll and prior to the publication of the notice provided in Section 5-37-110, the governing body shall mail by registered or certified mail, return receipt requested, to the owner or owners of each lot or parcel of land against which an assessment is to be l…
S.C. Code § 5-37-130
Conduct of hearings; filed assessment constitutes superior lien
The governing body shall hear the objections as provided herein of all persons who have filed written notice of objection within the time prescribed and who may appear and make proof in relation thereto either in person or by their attorney. The governing body, at the sessions held to make final decisions on objections…
S.C. Code § 5-37-140
Appeals from decisions of governing body
Upon the confirmation of an assessment, if any, the governing body shall mail a written notice to all persons who have filed written objections as hereinabove provided of the amount of the assessment finally confirmed. Such property owner may appeal such assessment only if he shall, within twenty days after the mailing…
S.C. Code § 5-37-150
Powers are cumulative
Nothing contained herein shall be construed to limit or restrict the powers of any incorporated municipality, but the authorizations herein contained shall be in addition to any such powers.
S.C. Code § 5-37-160
Effectiveness of petition or consent and of acts taken under other laws
Any written petition or consent signed by a property owner prior to July 18, 1974, requesting or consenting to an assessment in an improvement district shall be effective and binding upon said property and property owner and all acts of any municipality taken under any other law shall be effective and binding upon all…
S.C. Code § 5-37-170
Approval required for inclusion of streets in State highway system in mall developments
No street in the state highway system shall be included in a mall development without prior written approval of the Department of Transportation.
S.C. Code § 5-37-180
Mall developments; streets near courthouses
No street which is located in front of the county courthouse and adjacent thereto shall be included in the mall development without prior written approval of the governing body having jurisdiction over such public property. Likewise, no street which shall in effect block the entrance to the courthouse square shall be i…