Does Myrtle Beach, SC follow rules when removing personal property? Here’s what we found

An early-morning arrest of 13 people in January in an area not far from the touristy entertainment and shopping attraction Broadway at the Beach was not an unusual occurrence in Myrtle Beach.

The people were charged Jan. 11 with violating a city ordinance that bans inhabiting or camping on property not zoned for camping — one of several city laws often used by police and officials to remove the city’s homeless population from both private and public property in Myrtle Beach.

But the city has not consistently followed its own ordinance, particularly when it comes to removing people and their belongings, from both private and public properties. While the city’s law requires that unlawful campers be given 24 hours notice before being removed from a site, some people living in open areas say they have been kicked out immediately.

Those cited Jan. 11 for unlawful camping were removed immediately from private property in the 100 block of 21st Avenue North and U.S. 17 North without given a 24-hour notice.

That goes against the city’s ordinance, which specifies that a 24-hour notice must be posted before a site is cleared.

However, according to Myrtle Beach Police spokesperson Cpl. Christopher Starling, because that property was considered private, it did not require a 24-hour posting.

City officials and law enforcement appear to differ in how the ordinance applies on private property. That means many people get less than 24 hours to vacate to clear a site, and often face hundreds of dollars in fines.

The ordinance requires the city to post a notice on private property where an encampment exists, “thereby giving the person or persons who created the encampment 24 hours to remove their belongings before the city does,” according to city spokesman Mark Kruea by email.

“Typically, though, we seek compliance first from the property owner,” Kruea said. “...We would not act to remove items while that notice is in the mail, of course.”

In similar instances, 20 people were arrested in June 2023 under the ordinance, and most recently, residents of the Belle Harbor neighborhood in The Market Common summoned police to remove debris left from a camp in the woods near the amenities center.

In regards to the possible homeless camp in the Belle Harbor community in The Market Common, the Community Team checked on the area, but found that there was no evidence of an unlawful camp, according to Starling.

The property was being used as a “dumping ground for trash,” and photographs and a certified letter was sent to the property owner, Starling said.

The city’s ordinance outlines not only restricted public spaces and right-of-ways but also how items belonging to people on those sites are removed and when a 24-hour notice should be given before a camp is cleared out.

The notice is posted the same day the camp site is found by law enforcement and unattended stored possessions will be removed and stored for 48 hours, according to the ordinance.

In the past 10 years, the city has posted 24-hour notices 25 times, according to information provided under a Freedom of Information Act request. Of those, 19 were on private property, while the rest were on public property. The most recent was Feb. 1 in The Market Common area of Meyers Avenue and Pampas Drive.

The city’s large homeless population has been a divided topic, especially among residents who often take a “not-in-my-backyard attitude” and organizations that work closely with those facing homelessness. City officials have previously talked about the intricate balance of maintaining a safe and inviting downtown needed to draw visitors to the city, while dealing with an at-risk population that doesn’t align with such efforts.

“If an individual is breaking the law, it is our goal to address the situation fairly and impartially,” Starling said by email. “We have a duty to everyone involved, including the offenders, property owners, our citizens, and our visitors. For this reason, officers have the discretion to give warnings, citations, or make arrests.

“It is also our goal to help people obtain assistance if that is something they desire. We encourage people in need to use the resources available, but we can’t make anyone accept help.”

Notifications for camp removal vary

Benjamin Ward had been living in a camp near the Myrtle Beach Convention Center for two months before police discovered it and cleared the property.

The property is private, and per the city ordinance, the 45-year-old was given a 24-hour notice to gather his belongings and vacate.

Ward believes the reason the camp lasted so long was because he kept the area clean, making sure that others would clean up after themselves.

“That’s why people can’t camp,” Ward said. “People don’t keep it clean.”

But for Derek Goodman, 52, who also was camping on private property, he was removed immediately and given a citation, which comes with a $257 fine.

Goodman’s camp near Plaza Place was discovered Feb. 14 by police who were investigating the murder of another homeless man. The camp was about 100 yards from the scene, Goodman said.

“We’re out of sight, out of mind,” Goodman said of the camp. “Yes, I’m trespassing. Yes, I’m illegally camping, but it’s a city ordinance, not a law.”

A city ordinance is considered a law that is enacted and enforced by the municipality.

Whether a person camping on restricted property is given notification “depends on so many situations,” said Kate Curran, owner of Fresh Brewed Coffee House, which often serves the city’s at-risk population.

Curran is one of many people who does outreach in the homeless community.

“I have heard a lot of different stories,” Curran said. “Previously some time ago, you would get arrested or told to move along immediately.”

Depending on the property owner, abatement notification could have been given anywhere from 30 days to two weeks or even 48 hours before illegal campers or items are cleared from a site, Curran said.

Through monthly Coordinated Effort Community meetings, outreach organizations and people, such as Curran, and city officials, including Myrtle Beach Police Chief Amy Prock, discuss homelessness and efforts and initiatives to address the issue.

Curran said through those conversations, those involved in outreach have asked, “Can we not be a little bit more humane about the situation? ... Can we not do something different?”

Private property vs. public property

Under the city’s ordinance, an unpermitted campsite is defined as a gathering of multiple stored personal properties on both public and private property that is not a public campground and the person is using the property as a living, lodging or sleeping accommodation.

If the camp is on publicly owned city property, police officers respond to the location, take photographs of the potential concerns, take enforcement action if necessary and connect the people living in the encampment with resources. A 24-hour notice is posted warning that the property will be cleared of belongings, and multiple city divisions work together to clean up the property, Starling said.

There is no 24-hour notice if the camp is located on private property, he said. The owner of the private property is sent a certified letter with photographs of the concerns. Property owners then have a “reasonable amount of time” to clean the property and resolve the concerns.

However, based on the city’s ordinance, prior to removing personal property from a campsite on private property, police “shall inform the property owner as shown in the Horry County public land records by regular mail, and shall post a notice 24 hours in advance of the removal.” In addition, police cannot issue a citation for violation within two hours before or after the notice is posted.

In public rights-of-way or on restricted public places, unattended stored possessions are deemed abandoned and may be removed immediately. The city says restricted public places are publicly owned or managed buildings, including Myrtle Beach Convention Center, the Boardwalk, beach accesses and public parks and beaches; privately-owned open spaces or property that is accessible to the public such as parking lots; and vacant or undeveloped land.

Kruea said that the ordinance section that addresses removal of items is just one part of the city code that speaks to private property maintenance. The nuisance-related laws also address the responsibilities of the property owner to maintain the property, such as removing waste and trash and keeping weeds and growth under control so that it does not become a public nuisance.

“When it does become a public nuisance, the property owner is notified and given time to abate (correct) the nuisance,” Kruea said. “If that does not occur, the city can abate the nuisance and charge the property owner for the cost of those efforts. ... We would prefer that the property owner address issues on private property, but are prepared to step in if that doesn’t occur after due process has been observed.”

Police also are directed to inform a local agency that delivers social services to homeless individuals encamped where a notice has been posted.

Starling said the police department has a community team that has been in place for more than a decade.

The team consists of two members “who are actively working with our homeless community to provide them with resources and address concerns,” he said.

“We appreciate that our community is notifying us of matters like this and their understanding that public safety is a shared responsibility,” he said. “We will respond whenever our community needs us, whether it be a criminal matter or a public safety concern.”

County efforts differ from city’s

Curran said there are many moving parts to how and why a camp may be cleared. “Did they light the woods on fire? Was there a problem? Or did they realize someone was camping there?”

Curran said it appears that the city of Myrtle Beach may be trying to mirror efforts of Horry County, which has a task force that has taken steps to clean up such camp areas so it is not a health hazard.

Horry County follows the state trespassing law, county spokesperson Mikayla Moskov said in a text message.

“When we become aware of a situation where someone is illegally occupying the property of another, the (Horry County Police Department) Environmental Services Division works to provide those individuals with resources and connections, as well as reasonable time to relocate and make use of those resources/connections,” according to Moskov. “Often, officers are able to form positive relationships with those individuals, and the individuals are even willing to clean up the space they were illegally occupying before leaving.”

Myrtle Beach adopted a resolution to create a homeless task force in 2019. But the task force was never activated, according to Kruea.

The advisory group outlined in the resolution was supposed to provide a “best practices” review of techniques and programs used to effectively address homelessness in other communities.

“Citywide, our team works with the many local agencies to address issues such as this,” Kruea said by email. “The causes for someone to be homeless are many, and they often are related to other issues for the person or the family. Such issues can include job loss, illness, mental health challenges, drug use, family break-ups and more.”

Kruea said that the city council continues to address such issues, including response to the rise in opioid use. Kruea said that the city’s Opioid Response Team encounters people who are homeless as part of its outreach.