An Ordinance Amending Title 16 Of The Metropolitan Code Of Laws To Add A New Chapter 16.33 Entitled Rental Inspections And Designating Areas Within Metropolitan Nashville And Davidson County As Rental Inspection Districts (Proposal No. 2007M-078).

WHEREAS, pursuant to Tennessee Code Annotated § 13-21-301 et seq., the Metropolitan Government of Nashville and Davidson County is authorized to enact a residential rental dwelling unit inspection ordinance to address properties within designated districts that are deteriorating or are in the process of deteriorating in order to promote the health, safety, and welfare of the citizens; and

WHEREAS, under the state law the municipality may adopt an ordinance designating geographic areas, known as districts, where residential rental dwelling unit inspections are needed; and

WHEREAS, Tennessee Code Annotated § 13-21-302(a)(2) sets forth the requirements that must be met in order to establish an area as a district for inspection purposes; and

WHEREAS, those requirements are a need to protect public health, safety and welfare of the occupants of the dwelling units inside the geographic areas; the residential rental dwelling units within these geographic areas must be deteriorating or in the process of deteriorating and inspections are needed to prevent deterioration, taking into account the number, age and condition of the units inside these geographic areas; and inspections are necessary to maintain health, safety and welfare of the tenants and other residents living in these geographic areas; and

WHEREAS, the Metropolitan Government of Nashville and Davidson County has found that such afore described conditions do exist among residential rental properties within Metropolitan Nashville and Davidson County, and that these residential rental properties meet the requirements set forth in Tennessee Code Annotated§ 13-21-302(a)(2); and

WHEREAS, these areas have been determined to contain blighted, deteriorated, dilapidated and vacant properties, and due to these conditions these areas qualify under State Law as urban renewal project areas;

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

Section 1. Title 16 of the Metropolitan Code of Laws is amended to add a new section 16.33.010 as follows:
Authority; Intent – Remedial

This chapter is enacted pursuant to Tennessee Code Annotated Section 13-21-301 et seq. and is declared to be remedial to promote the health, safety, and welfare of citizens by providing for the establishment of rental inspection districts and for inspection of residential rental dwelling units that are either deteriorated or in the process of deteriorating for compliance with applicable local housing, building, plumbing, electrical, fire, health or related codes.

Section 2. Title 16 of the Metropolitan Code of Laws is amended to add a new section 16.33.020 as follows:

Definitions.
(1) “Deteriorated" means any structure or vacant or unimproved lot or parcel in a predominantly built-up neighborhood:
(A) Which, because of physical condition or use, is regarded as a public nuisance at common law or has been declared a public nuisance in accordance with local housing, building, plumbing, electrical, fire, health or related codes;
(B) Which, because of physical condition, use or occupancy is considered an attractive nuisance;
(C) Which, because it is dilapidated, unsanitary, unsafe, vermin-infested or other condition, has been designated by the appropriate agency or department of the municipality as unfit for human habitation or use;
(D) Which is a fire hazard, or is otherwise dangerous to the safety of persons or property;
(E) From which the utilities, plumbing, heating, sewerage or other facilities have been disconnected, destroyed, removed, or rendered ineffective so that the property is unfit for human habitation or use;
(F) Which, by reason of neglect or lack of maintenance, has become a place for accumulation of trash and debris, or a haven for rodents or other vermin;
(G) Which has been tax delinquent for a period of at least three (3) years; or
(H) Which has not been rehabilitated within the time constraints placed upon the owner or party in interest by the director.
(2) “Director” means the director of the department of codes administration, or such other officers and employees of the department of codes administration as may be charged with the administration of this chapter, or the director's duly authorized representative.
(3) "Dwelling" means any building or structure, or part thereof, used and occupied for human occupation or use or intended to be so used, and includes any outhouses and appurtenances belonging thereto or usually enjoyed therewith;
(4) "Dwelling unit" means a building or structure or part thereof that is used for a home or residence by one or more persons who maintain a household.
(5) "Municipality" means the Metropolitan Government of Nashville and Davidson County;
(6) "Owner" means the holder of the title to real property and every mortgagee of record;
(7) "Parties in interest" means all individuals, associations, corporations and others who have interests of record in a structure and any who are in possession thereof;
(8) "Residential rental dwelling unit" means a dwelling unit that is leased or rented to one (1) or more tenants. However, a dwelling unit occupied in part by the owner thereof shall not be construed to be a residential rental dwelling unit unless otherwise provided by zoning ordinance;
(9) "Structure" means any dwelling or place of public accommodation or vacant building or structure suitable as a dwelling or place of public accommodation.

Section 3. Title 16 of the Metropolitan Code of Laws is amended to add a new section 16.33.030 as follows:

Director.

The Department of Codes Administration, acting through its director, shall perform the duties authorized by this chapter.
Section 4. Title 16 of the Metropolitan Code of Laws is amended to add a new section 16.33.040 as follows:
Residential Rental Inspection Districts Authorized.
(1). Pursuant to Tennessee Code Annotated Section 13-21-302, the Director is authorized to inspect residential rental dwelling units that are either deteriorated or in the process of deteriorating for compliance with applicable housing, building, plumbing, electrical, fire, health or related codes. The residential rental dwelling units shall be located in a residential rental inspection district. Residential rental inspection districts shall be established by ordinance based upon a finding that:
(A). There is a need to protect the public health, safety and welfare of the occupants of dwelling units inside the designated residential rental inspection district;
(B). The residential rental dwelling units within the designated residential rental inspection district are either deteriorated or in the process of deteriorating or the residential rental dwelling units are in the need of inspection by the municipality to prevent deterioration, taking into account the number, age and condition of residential dwelling rental units inside the proposed residential rental inspection district; and
(C). The inspection of residential rental dwelling units inside the residential rental inspection district is necessary to maintain the health, safety and welfare of tenants and other residents living in the proposed residential rental inspection district. Nothing in this section shall be construed to authorize a municipality-wide residential rental inspection district and the boundaries of the residential rental inspection district shall be limited to such areas that meet the criteria set forth in this section.
(2). No residential rental inspection district shall be established until and unless the location and extent thereof shall have been submitted to the planning commission in accordance with Metropolitan Charter Section 11.505.
(3). Any residential rental inspection district established pursuant to the authority of this chapter shall exist for a period not to exceed ten (10) years from the date of adoption of the ordinance creating such residential rental inspection district. Nothing contained herein shall preclude the re-establishment of any residential rental inspection district by ordinance as authorized by this chapter.
(4). Any residential rental inspection district established pursuant to this chapter shall be subject to removal from its designation as a rental inspection district by vote of the Metropolitan Council upon adoption of an ordinance amending section 16.33.140 of this chapter.

Section 5. Title 16 of the Metropolitan Code of Laws is amended to add a new section 16.33.050 as follows:

Notice.

The director shall make reasonable efforts to notify owners and parties in interest of residential rental dwelling units in the designated residential rental inspection district regarding the adoption of the residential rental inspection ordinance. The director shall provide a summary of the provisions of the residential rental inspection ordinance to owners and parties in interest of residential rental dwelling units in the designated residential rental inspection district.

Section 6. Title 16 of the Metropolitan Code of Laws is amended to add a new section 16.33.060 as follows:

Owners Duty to Notify Director.

Owners and parties in interest of dwelling units in a residential rental inspection district shall notify the director in writing if the dwelling unit is used for residential rental purposes. The director may develop a form for such purposes. There shall be no registration fee or a fee of any kind associated with the written notification. The director shall not require that the written notification from the owner or party in interest of a dwelling unit subject to this chapter be provided to the director in less than 60 days after the adoption of an ordinance establishing a residential rental inspection district. However, there shall be no penalty for the failure of an owner or party in interest of a residential rental dwelling unit to comply with the provisions of this section, unless and until the director provides actual or written notice to the property owner or party in interest. Notice sent by regular first class mail to the last known address of the owner or party in interest shall be deemed compliance with this section.

Section 7. Title 16 of the Metropolitan Code of Laws is amended to add a new section 16.33.070 as follows:

Inspections.

Upon establishment of a residential rental inspection district in accordance with this part, the director may, in conjunction with the written notifications as provided for in this part, proceed to inspect dwelling units that are either deteriorated or in the process of deteriorating located in the designated residential rental inspection district. The director is authorized to inspect residential rental dwelling units that are either deteriorated or in the process of deteriorating to determine if the dwelling units are being used as a residential rental property and to determine if the dwelling units are in compliance with applicable housing, building, plumbing, electrical, fire, health or related codes.

Section 8. Title 16 of the Metropolitan Code of Laws is amended to add a new section 16.33.080 as follows:

Periodic Inspections.

Except as provided in section 16.33.090, following the initial inspection of a residential rental dwelling unit found to be deteriorated or in the process of deteriorating, the director may inspect periodically any residential rental dwelling unit that is deteriorated or in the process of deteriorating that is not otherwise exempted by this chapter.

Section 9. Title 16 of the Metropolitan Code of Laws is amended to add a new section 16.33.090 as follows:

Follow-Up Inspections.

Following the initial or periodic inspection of a residential rental dwelling unit found to be deteriorated or in the process of deteriorating and which is subject to this chapter, the director has the authority to require the owner or party in interest of such dwelling unit to submit to such follow-up inspections of the dwelling unit as the director deems necessary, until such time as the dwelling unit is brought into compliance with the provisions of all applicable housing, building, plumbing, electrical, fire, health or related codes.

Section 10. Title 16 of the Metropolitan Code of Laws is amended to add a new section 16.33.100 as follows:

Exemption.

Following the initial or periodic inspection of a residential rental dwelling unit found to be deteriorated or in the process of deteriorating, and provided that there are no violations of applicable codes and ordinances, or such violations are remedied in a timely manner, the director shall provide to the owner or party in interest of such residential rental dwelling unit an exemption from this chapter for a minimum of four (4) years. For the purposes of this section, timely manner shall be construed to mean less than 90 days after the owner has been given notice of violation. If a residential rental dwelling unit has been issued a certificate of occupancy within the last four (4) years, an exemption shall be granted for a minimum period of four (4) years from the date of the issuance of the certificate of occupancy. If the residential rental dwelling unit becomes in violation of housing, building, plumbing, electrical, fire, health or related codes during the exemption period, the director may revoke the exemption granted by this section.

Section 11. Title 16 of the Metropolitan Code of Laws is amended to add a new section 16.33.110 as follows:

Powers of Director.

The director is authorized to exercise such powers as may be necessary or convenient to carry out and effectuate the purposes and provisions of this chapter, including the following powers to:

(1) Investigate conditions in the municipality in order to determine which residential rental dwelling units therein are deteriorated or in the process of deteriorating;
(2) Administer oaths, affirmations, examine witnesses, issue subpoenas and receive evidence;
(3) Enter upon the premises for the purpose of making examinations and inspections; provided, the director may enter inside the dwelling unit only with the consent of the persons in possession, or with a validly issued search warrant, or in the event of an emergency presenting an immediate threat to the health, safety, and welfare of the persons in possession. Such entry shall comply in all respects with Amendment 4 to the Constitution of the United States as well as Article I, Section 7, of the Constitution of Tennessee. Such entry shall be made in such manner as to cause the least possible inconvenience to the persons in possession;
(4) Appoint and fix the duties of such officers, agents and employees as the director deems necessary to carry out the purposes of this chapter; and
(5) Delegate any of such director’s functions and powers under this chapter to such officers and agents as the director may designate.

Section 12. Title 16 of the Metropolitan Code of Laws is amended to add a new section 16.33.120 as follows:

No Fee Schedule.

No fee schedule shall be established to administer the provisions of this chapter.
In addition, no fee shall be charged to an owner or party in interest for an inspection of a dwelling unit subject to this chapter who has submitted a written notification to the director as to the identity of such unit owner or party in interest as provided in 16.33.060, nor shall a fee be charged for a subsequent inspection of a residential dwelling unit that has received an exemption from the residential inspection ordinance for a minimum of four (4) years pursuant to 16.33.100.

Section 13. Title 16 of the Metropolitan Code of Laws is amended to add a new section 16.33.130 as follows:

Appeals.

An owner or party in interest may appeal any order of the director issued pursuant to this chapter to the Board of Property Standards and Appeals. The owner or party in interest may request and shall be granted a hearing before the board, provided, that such person shall file in the office of the director a written petition completed pursuant to the rules, regulations and requirements of the board, within twenty (20) days after the date on which the order was served upon the owner or party in interest.

Section 14. Title 16 of the Metropolitan Code of Laws is amended to add a new section, 16.33.140 as follows:

District Designation.

The following areas meet the criteria set out in Tennessee Code Annotated 13-21-302(a)(2) and section 16.33.040 of this chapter and are hereby designated as the geographic areas known as Rental Inspection Districts:

a. Urbandale - Nations
b. Sylvan Heights
c Hadley Washington - Meharry
d. North Nashville - Buena Vista - Metrocenter
e. Napier - Trimble - Wedgewood / Houston
f. Airport - Murfreesboro Pike
g. Edgefield - Shelby Hills
h. Cleveland Park - McFerrin Park
g. Greenwood – Eastwood
h. Vanderbilt – 21st
i. Hermitage
j. South Madison
k. Madison Park
l. Edenwold

The Rental Inspection Districts as designated are illustrated by the Rental Inspection Districts Summary map prepared by the Metropolitan Planning Department which is hereby incorporated into this section by reference and filed with the Metropolitan Clerk.

The Director shall have the authority to schedule a phased implementation of this ordinance over a three year period for the Rental Inspection Districts described above.

Section 15. Title 16 of the Metropolitan Code of Laws is amended to add a new section 16.33.150 as follows:
Powers Supplemental

Nothing in this chapter shall be construed to abrogate or impair the powers of the courts or of any department of the Metropolitan Government to enforce any provisions of its charter or its ordinances or regulations, nor to prevent or punish violations thereof, and the powers conferred by this chapter shall be in addition and supplemental to the powers conferred by any other law.

Section 16. Title 16 of the Metropolitan Code of Laws is amended to add a new section 16.33.160 as follows:
Failure to Comply - Penalty.

An owner or party in interest, upon willful failure or refusal to comply with the notice requirements authorized by this chapter, shall be subject to a penalty of fifty dollars ($50.00) per day for each day of violation.

Section 17. This Ordinance shall take effect from and after its adoption, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Ginger Hausser Pepper, Jim Gotto, Harold White, J. B. Loring, Carl Burch, Billy Walls, Edward Whitmore, Michael Craddock, Eric Crafton, Vivian Wilhoite, Pam Murray, Diane Neighbors, Buck Dozier, Jim Shulman, Erik Cole, Lynn Williams, John Summers, Randy Foster, Jamie Isabel, Jim Forkum, Mike Jameson, Sam Coleman, Ludye Wallace, Walter Hunt, Jason Alexander, Brenda Gilmore

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LEGISLATIVE HISTORY
Introduced:	July 3, 2007
Passed First Reading:	July 3, 2007
Referred to:	Planning Commission - Approved Budget & Finance Committee Codes Committee Planning & Zoning Committee
Passed Second Reading:	July 17, 2007
Passed Third Reading:	August 7, 2007
Approved:	August 9, 2007
By: