SUBSTITUTE ORDINANCE NO. BL2013-380

An ordinance amending Chapter 13.20 of the Metropolitan Code to require the Metropolitan Government to provide notice to residents whenever excavation work is being done that impacts their property.

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

Section 1. Section 13.20.020 of the Metropolitan Code is hereby amended by amending subsection B. as follows:

I. By deleting the provisions of subsection B.1., and substituting with the following:

“1. 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 following: occupant of the property abutting a street, road, alley, or right-of-way in which work is to be performed; the fee owner and occupant of the property burdened by the easement in which work is to be performed; all occupants within the block where such work is to be performed; and the district member(s) of council representing the area of such excavation.
a. For the purposes of this subsection, adequate notice shall be written notice providing the following information: (1) the purpose of the excavation; (2) a description of the excavation work; (3) the expected beginning date and completion date of the excavation work; (4) the name, address, and telephone number of a contact person available to provide information regarding the project and to 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 above at least forty-eight (48) hours prior to the beginning of any such construction work. The person holding the excavation 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.
b. 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.”

II. By deleting the provisions of subsection B.1.b. in their entirety and re-lettering the existing subsection B.1.c. as subsection B.1.b.

Section 2. That this Ordinance shall take effect immediately after its passage, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Steve Glover

LEGISLATIVE HISTORY
Introduced:	February 19, 2013
Passed First Reading:	February 19, 2013
Referred to:	Public Works Committee
Deferred:	March 5, 2013
Substitute Introduced:	March 19, 2013
Passed Second Reading:	March 19, 2013
Passed Third Reading:	April 2, 2013
Approved:	April 4, 2013
By: