ORDINANCE NO. BL2011-34

An Ordinance amending Chapter 10.28 of the Metropolitan Code relative to the regulation of excessive growth of vegetation and accumulation of weeds.

WHEREAS, Section 10.28.040 of the Metropolitan Code currently prohibits the enforcement of Chapter 10.28 (Control of Excessive Vegetation) against owners of owner-occupied residential property, since at the time Section 10.28.040 was enacted, such enforcement was not allowed by state law; and

WHEREAS, Tennessee Code Annotated § 6-54-113 was amended in 2007 to allow the ordinance to be enforced against owners of owner-occupied residential property provided the Metropolitan Government waits until cumulative charges for remediation of the violation equal or exceed five hundred dollars ($500) before filing the notice of lien with the Register of Deeds; and

WHEREAS, Chapter 10.28 of the Metropolitan Code should be amended to reflect the revised state law provisions regarding owner-occupied residential property, as well as the procedures for the assessment of remediation costs against the owner and the recording of a lien as provided in Tennessee Code Annotated § 6-54-113.

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

Section 1. That Title 10 of the Code of The Metropolitan Government of Nashville and Davidson County, Health and Safety, is hereby amended by deleting Section 10.28.040 (Exceptions) in its entirety and replacing it with the following new section 10.28.040:

10.28.040 Owner-occupied Residential Property

The provisions of this chapter shall apply to the collection of costs against the owner of an owner-occupied residential property, except that the trustee shall wait until cumulative charges for remediation equal or exceed five hundred dollars ($500) before filing the notice with the register of deeds and the charges becoming a lien on the property. After this threshold has been met and the lien attaches, charges for costs for which the lien attached are collectible as provided in Section 10.28.060(B).

Section 2. That Title 10 of the Code of The Metropolitan Government of Nashville and Davidson County, Health and Safety, is hereby amended by amending Section 10.28.060 by deleting subsection C. in its entirety and replacing it with the following new subsection C.:

C. The metropolitan beautification and environment commission shall, within sixty (60) days of the receipt of the notification from the department of public works of the remedying and removal of the violation or condition, submit to the metropolitan trustee a statement of the cost, which shall be assessed to the owner. The costs assessed to the owner may be collected through an action for debt filed in any court of competent jurisdiction. Upon filing of the notice with the office of the Davidson County register of deeds, the costs shall be a lien on the property in favor of the Metropolitan Government of Nashville and Davidson County, second only to liens of the state and Metropolitan Government for taxes, any lien of the Metropolitan Government for special assessments, and any valid lien, right or interest in such property duly recorded or duly perfected by filing, prior to the filing of such notice. These costs shall be collected by the county trustee at the same time and in the same manner as property taxes are collected. If the owner fails to pay the costs, they may be collected at the same time and in the same manner as delinquent property taxes are collected and shall be subject to the same penalty and interest as delinquent property taxes. Any lien so recorded shall be released by payment thereof in full, or by operation of the laws of Tennessee and/or the United States.

Section 3. That 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: Walter Hunt, Steve Glover, Karen Johnson, Fabian Bedne, Duane Dominy, Phil Claiborne

LEGISLATIVE HISTORY
Introduced:	October 18, 2011
Passed First Reading:	October 18, 2011
Referred to:	Codes Committee
Passed Second Reading:	November 15, 2011
Passed Third Reading:	December 6, 2011
Approved:	December 12, 2011
By: