A substitute ordinance amending Section 13.20.020 of the Metropolitan Code by requiring adequate notice to abutting property owners prior to excavation work in streets, roads, alleys or rights-of-way and notice of construction work to district members of council.

WHEREAS, Section 13.20.020 of the Metropolitan Code presently requires that property owners receive written notice of at least fourteen days prior to the beginning of construction work within an easement on their property; and

WHEREAS, it is fitting and proper that such notice also be given to property owners or occupants of property abutting streets, roads, alleys, or rights-of-way prior to excavations in streets, roads, alleys or rights-of-way in certain circumstances.

NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

SECTION 1. Section 13.20.020 B.1. of the Metropolitan Code shall be and same is hereby amended by deleting the provisions in their entirety and substituting in lieu thereof the following new provisions:

"No excavation may be undertaken in any street, road, alley or right-of-way or of any utility or temporary construction easement of the metropolitan government or other government entity by any department of the metropolitan government or any other entity unless notice as required herein has been given to the fee property owner or the occupant of the property abutting a street, road, alley, or right-of-way in which work is to be performed, or fee owner or occupant of the property burdened by the easement in which work is to be performed, to all property owners or occupants within the block where such work is to be performed, and to the district member(s) of council representing the area of such excavation.

(a) Excavations which are to be completed and the excavation area restored within seventy-two (72) hours from the beginning of such work may proceed without the notice required herein if it is demonstrated to the director (1) that the excavation can be performed without causing appreciable disruption or interference with public use of the right-of-way or easement area and (2) that the excavation will not cause significant inconvenience to any owner or occupant of property abutting the right-of-way or to the fee owner where the easement is located. Excavations which proceed under this exemption that are not completed within the allotted time period must immediately comply with the required notice provisions prior to continuing work or excavation.

(b) For the purposes of this subsection, adequate notice shall be notice which provides the following information: (1) the total project area of the construction work; (2) the nature of such work; (3) the expected beginning date and completion date of the construction work; (4) the name, address and telephone number of a contact person available to provide information to and receive complaints from the public; and (5) such other information as may be required by the director. Such notice shall be given to the persons provided hereinabove at least ten (10) calendar days prior to the beginning of any such construction work by United States mail postage prepaid to the address of the owners as appears on the property tax rolls of the metropolitan government and to the district council member at the address provided by the Metropolitan Council Office. In lieu of such written notice by mail, notice may be provided to the occupants of the affected properties by a reasonable manner as may be approved by the director. The person holding the permit shall deliver to the director a signed statement containing the list of persons notified or the addresses of the occupants notified and what manner of notification was used prior to commencement of work.

(c) If such construction work requires excavation in an area greater than one city block, the permit holder, in addition to the notice provided herein, shall also be required to erect and maintain during the time of construction a project sign which provides the same information as required in the notices. Such signs shall be in format, quantity, location and size as specified by the director."

SECTION 2. This Ordinance shall take effect from and after its passage, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored By: Jim Shulman

LEGISLATIVE HISTORY
Substitute Introduced:	May 15, 2001
Referred to:	Public Works Committee
Passed Second Reading:	May 15, 2001
Passed Third Reading:	June 5, 2001
Approved:	June 8, 2001
By: