ORDINANCE NO. BL2005-505

SUBSTITUTE ORDINANCE NO. BL2005-505

An Ordinance to amend the Metropolitan Code of Laws to prohibit high grass, weeds and debris.

WHEREAS, the health, safety and welfare of the citizens of the Metropolitan Government of Nashville and Davidson County will benefit from the absence of high grass, weeds, and debris within the area of the Metropolitan Government; and

WHEREAS, the current provisions of the Metropolitan Code of Laws do not directly address the height of grass and weeds on owner-occupied property; and

WHEREAS, the current provisions of the Metropolitan Code of Laws regarding high grass and weeds result in a long period between citation and enforcement during which high grass and weeds remain uncut; and

WHEREAS, enforcement of high weeds provisions will be more efficient if they may be conducted by both Codes administration and Health personnel.

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

Section 1. A new chapter of the Metropolitan Code of Laws is hereby created, and this chapter shall be numbered 10.26 and titled HIGH WEEDS AND DEBRIS. This chapter shall include a new section numbered 10.26.010, which section shall read as follows:

A. All premises and exterior property shall be maintained free from weeds in excess of twelve (12) inches so as not to endanger the health, safety, and welfare of the citizens of the Metropolitan Government. Weeds shall be defined as all grasses, annual plants and vegetation, other than ornamental grasses, trees or shrubs, provided, however, this term shall not include cultivated flowers and gardens. Properties in a natural state may be allowed if an intentional design for vegetative growth is on file with the Metropolitan Beautification Commission, provided there is a fifteen feet (15') setback from the front property line and a ten feet (10') setback from any adjacent residential property line. All government owned greenways, parks, and recreation areas shall be exempt for the provisions of the section.

B. No owner or occupant shall permit the accumulation of debris, trash, litter or garbage, or any combination of those elements on exterior property or premises; such condition is hereby declared to be a public nuisance and a danger to the public health, safety, and welfare.

Section 2. Section 10.28.010 of the Metropolitan Code of Laws is hereby amended by deleting subsections (A), (B) and (C) in their entirety, and substituting in lieu thereof the following:

Section 3. Subsection 16.24.330(E) of the Metropolitan Code of Laws is hereby amended by deleting the word "Reserved" and replacing it with the following:

E. High Weeds. All premises and exterior property shall be maintained free from weeds in excess of twelve (12) inches so as not to endanger the health, safety, and welfare of the citizens of the Metropolitan Government. Weeds shall be defined as all grasses, annual plants and vegetation, other than ornamental grasses, trees or shrubs, provided, however, this term shall not include cultivated flowers and gardens. Properties in a natural state may be allowed if an intentional design for vegetative growth is on file with the Metropolitan Beautification Commission, provided there is a fifteen feet (15') setback from the front property line and a ten feet (10') setback from any adjacent residential property line. All government owned greenways, parks, and recreation areas shall be exempt for the provisions of the section.

Section 4. This Ordinance shall take effect from and after its final passage, the welfare of the Metropolitan Government of Nashville and Davidson County requiring it.

LEGISLATIVE HISTORY
Introduced:	January 4, 2005
Passed First Reading:	January 4, 2005
Referred to:	Codes, Fair & Farmers Market Committee
Deferred:	January 18, 2005
Substitute Introduced:	February 1, 2005
Passed Second Reading:	February 1, 2005
Passed Third Reading:	February 15, 2005
Approved:	February 16, 2005
By: