Charter Severability Guide - Mount Pleasant Bylaw

Mount Pleasant, South Carolina recognizes that municipal charters and ordinances often include severability or separation clauses that govern what happens if part of a law is found invalid. This guide explains how severability clauses work in Mount Pleasant, who enforces ordinance compliance, how penalties and appeals typically operate, and where to find the official charter and code. It is aimed at municipal officials, attorneys, property owners, and residents who need to interpret or challenge parts of a local law.

What is a severability or separation clause?

A severability clause states that if a court or tribunal holds part of a charter or ordinance invalid, the remainder stays effective to the fullest extent possible. The Town of Mount Pleasant's adopted municipal code and charter language establish how local provisions interact when portions are tested for validity Municipal Code & Charter^[1].

How severability affects enforcement and drafting

When drafting or challenging local law in Mount Pleasant, consider whether a severability clause permits the town to enforce remaining sections independently, and whether the invalid part is central or incidental to the ordinance's purpose. Administrative departments coordinate enforcement and may seek advisory opinions or litigation to resolve separability disputes.

Penalties & Enforcement

The municipal code and department rules govern penalties for ordinance violations, enforcement pathways, and appeals. Specific dollar amounts or escalating fines for severability-related actions are not consolidated in a single page and may vary by code chapter; where a fine or penalty is not listed on the cited page it is noted below as "not specified on the cited page." The Town's Code Compliance division handles many enforcement matters and can issue citations, notices, or orders Code Compliance^[2].

• Fines: specific fine amounts for ordinance violations are not specified on the cited general code pages; consult the relevant ordinance chapter or the Code Compliance office for chapter-specific rates ("not specified on the cited page").
• Escalation: information on first, repeat, or continuing offence schedules is not centralized on the general charter or code overview pages; some chapters include progressive penalties while others do not.
• Non-monetary sanctions: enforcement tools include administrative orders, abatement notices, stop-work orders, and referral to Municipal Court for injunctive relief or criminal citations where authorized.
• Enforcer: Code Compliance and the Town Attorney enforce ordinances; complaints can be submitted through the official Code Compliance contact methods on the town site.
• Appeals/review: appeal paths may include administrative review, Municipal Court, or petitioning Town Council depending on the ordinance; specific time limits for appeals are not specified on the general pages and will vary by code section.
• Defences/discretion: common defences include reliance on a valid permit, reasonable excuse, or bona fide compliance efforts; variances or permits can sometimes cure technical violations.

Applications & Forms

Many enforcement or permit processes rely on standard forms administered by Planning & Building or Code Compliance. Chapter-specific forms and permit applications are listed on the Planning & Building pages; a central list of forms may not appear on the charter or code overview page Planning & Building^[3]. If a particular form is required for an appeal or variance, the chapter will identify the form by name or number; where a form is not published on the cited page, state: not specified on the cited page.

Common violations and typical administrative outcomes

• Zoning or setback noncompliance - possible stop-work order, notice to comply, or fines.
• Unpermitted construction - orders to obtain permits or to remove unauthorized work; Municipal Court referral.
• Health and safety code breaches - abatement orders and expedited enforcement.

FAQ

What happens if part of an ordinance is struck down?

If a court invalidates part of an ordinance, a severability clause lets the town keep enforceable portions in effect where severance preserves the core purpose; outcomes depend on the specific clause and judicial ruling.

Who enforces severability-related disputes?

Code Compliance, the Town Attorney, and Municipal Court handle enforcement and legal challenges; for administrative steps start with Code Compliance.

How do I appeal a compliance order?

Appeals follow the procedure in the applicable ordinance chapter; if the chapter does not specify, contact the issuing department or consult Municipal Court for guidance.

How-To

1. Identify the exact ordinance or charter provision you believe is invalid and note the section citation.
2. Contact Code Compliance or the Town Attorney's office to request guidance and confirm applicable forms or deadlines.
3. File any required administrative appeal or permit application within the time allowed by the ordinance chapter, providing supporting documents.
4. If administrative remedies are exhausted, seek judicial review in the appropriate court and include severability arguments as needed.
5. Comply with interim orders (abatement, stop-work) to reduce risk of escalating fines while pursuing appeals.

Key Takeaways

• Severability clauses aim to preserve valid provisions when parts of a law are invalidated.
• Start with Code Compliance for enforcement questions and forms.
• Appeal routes and deadlines vary by ordinance chapter; verify chapter-specific procedures.

Help and Support / Resources

• Town of Mount Pleasant - Code Compliance
• Town of Mount Pleasant - Planning & Building
• Town of Mount Pleasant - Municipal Court

1. [1] Municipal Code & Charter - Mount Pleasant (Municode)
2. [2] Town of Mount Pleasant - Code Compliance
3. [3] Town of Mount Pleasant - Planning & Building