ORDINANCE NO. BL2016-124

An ordinance abolishing the Metropolitan Government’s vegetation control board, created by enactment of Ordinance No. O93-884, by repealing Chapter 10.28 of the Metropolitan Code of Laws.

WHEREAS, on March 15, 1994, the Metropolitan Council of Nashville & Davidson County adopted Ordinance No. O93-884, and Amendment no. 1 thereto, thereby creating an administrative body to be known as the vegetation control board, consisting of five (5) members appointed by the Mayor and confirmed by the Council; and

WHEREAS, Chapter 10.28 of the Metropolitan Code of Laws provided for execution and enforcement by the vegetation control board of standards regarding excessive vegetation, and further set forth provisions for composition of the board, notices of violation, costs collection, failure to comply remedies, and appeals processes; and

WHEREAS, prior to creation of the vegetation control board, the Tennessee General assembly adopted Public Chapter No. 212, effective July 1, 1993, and later amended by Tenn. Pub. Acts, Chapter 667, 2002, which act authorized the Metropolitan County Council to designate Division IV of the Metropolitan General sessions Court as the Environmental Court; and

WHEREAS, on March 18, 1994, the Metropolitan County Council adopted Ordinance No. 094-930, formally designating Division IV of the Metropolitan General Sessions Court as the Environmental Court of the Metropolitan Government; and

WHEREAS, this Environmental Court was established in part for the purpose of addressing violations of the Metropolitan Code of Laws pertaining to vegetation control, and it maintains exclusive jurisdiction thereof; and

WHEREAS, the Environmental Court currently hears cases involving violations of county ordinances, including environmental ordinances, and is imbued with the power and authority to issue injunctions, both mandatory and prohibitory, as provided for in Rule 65 of the Tennessee Rules of Civil Procedure and is empowered to order defendants found guilty of violating ordinances to correct such violation at the defendants’ expense; and

WHEREAS, the establishment of the Environmental Court within Division IV of the General Sessions Courts of Nashville and Davidson County renders unnecessary the continued existence and operation of the vegetation control board; and

WHEREAS, the vegetation control board was not established or created by the Charter of the Metropolitan Government of Nashville and Davidson County, but rather by ordinance; and therefore the Metropolitan Council may likewise abolish said board by ordinance; and

WHEREAS, it is to the benefit of the citizens of the Metropolitan Government that the vegetation control board be abolished, thereby eliminating redundancy and uncertainty regarding the proper authority for enforcement of the Metropolitan Code of Laws regarding vegetation control.

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

Section 1. Chapter 10.28 of the Metropolitan Code of Laws is repealed in its entirety.

Section 2. The vegetation control board shall transfer all records as directed by the Environmental Court, Division IV of the General Sessions Court of Nashville and Davidson County, Tennessee.

Section 3. Chapter 2.104 of the Metropolitan Code of Laws is hereby amended by deleting section 2.104.080 in its entirety.

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

Sponsored by: Samuel Coleman

LEGISLATIVE HISTORY
Introduced:	February 2, 2016
Passed First Reading:	February 2, 2016
Referred to:	Codes, Fair, and Farmer's Market Committee
Passed Second Reading:	February 16, 2016
Passed Third Reading:	March 1, 2016
Approved:	March 2, 2016
By: