ORDINANCE NO. BL2001-820

An ordinance amending Title 17 of the Metropolitan Code, the zoning code for Metropolitan Nashville and Davidson County, by amending Section 17.40.600 by authorizing the zoning administrator to act immediately regarding violations of Title 17 of the Metropolitan Code which concern the public health, safety and welfare of the citizens of Davidson County, Tennessee and to notify the landowner or the operator as to violations of Title 17 of the Metropolitan Code.

Whereas, the Metropolitan Code of Laws requires that the zoning administrator notify the owner/operator when the zoning administrator has reason to believe that there is a violation of Title 17 of the Metropolitan Code and give reasonable time to correct the violation; and,

Whereas, the Metropolitan Code of Laws allows the zoning administrator to notify the owner/operator of such alleged violations; and,

Whereas, the owner/operator may not be a single individual or entity which caused and or cause the violation of the zoning code for Metropolitan Nashville and Davidson County; and,

Whereas, it would be in the best interest of the Metropolitan Government and the public to allow the zoning administrator to notify the landowner or the operator with the authority and or the ability to control the activities and or circumstances alleged to be in violation so as to make corrections necessary for compliance with Title 17 of the Metropolitan Code; and,

Whereas, the zoning administrator may need to act immediately to protect the public health, safety and welfare of the citizens of Davidson County;

Now, therefore, be it enacted by the Council of The Metropolitan Government of Nashville and Davidson County:

Section 1. That Section 17.40.600 of the Metropolitan Code of Laws is hereby amended by substituting the following for "the owner/operator" following after the phrase "violation of this title" and before the phrase "shall be notified":
"the owner or the persons or entities determined to be in violation by the zoning administrator"

Section 2. By deleting the phrase "immediately to correct the violation" following after the phrase "shall be notified".

Section 3. By substituting the following for "the owner/operator" following after the phrase "with all associated costs assessed to" and before the phrase " if a violation is verified":
"the owner or the persons or entities determined to be in violation by the zoning administrator"

Section 4. By deleting the following final sentence:
Failure to correct violations within a reasonable time authorizes the zoning administrator to take all necessary measures to enforce the provisions of this title.

Section 5. That this Ordinance shall take effect five (5) days from and after its passage, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored By: J.B. Loring

LEGISLATIVE HISTORY

Introduced: August 21, 2001
Passed First Reading: August 21, 2001
Referred to: Planning Commission - Approved 8-0 (8/16/01)
Planning & Zoning Committee
Passed Second Reading: November 6, 2001
Passed Third Reading: November 20, 2001
Approved: November 21, 2001
By: Mayor Bill Purcell
Effective Date: November 28, 2001