ORDINANCE NO. BL2016-257

An ordinance amending Section 16.04.1110 and Section 6.28.030 of the Metropolitan Code of Laws regarding noncompliance with Title 16 and the penalties therefor.

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

Section 1. That Chapter 16.04 of the Metropolitan Code of Laws be and the same is hereby amended by deleting the provisions of Section 16.04.110 in its entirety and substituting in lieu thereof the following new Section 16.04.110:

16.04.110 - Noncompliance— Stop work order.

A. Upon notice from the director of codes administration that work on any building or structure is being done contrary to the provisions of Chapters 16.04 and 16.28 through 16.56, or in a dangerous or unsafe manner; or upon notice that operation of any building or structure is being conducted contrary to the provisions of Chapter 6.28.030 Section C; such work or operation shall be immediately stopped. Such notice shall be in writing and shall be given to the owner of the property or to his agent or to the person doing the work or overseeing the operation, and shall state the conditions under which work or operation may be resumed. When an emergency exists, no written notice shall be required to be given by the director.

B. Such notice as required may be in the form of a placard posted by the inspector conspicuously on the building in which the work or operation is in progress. Removal of such notice or placard without the express consent of the director of codes administration or his designated agent, is a violation of this code.

Section 2. That Chapter 6.28 of the Metropolitan Code of Laws be and the same is hereby amended by deleting the provisions of subsection 6.28.030.R.6.b and substituting in lieu thereof the following new subsection 6.28.030.R.6.b:

b. Upon a finding that a short term rental property has operated without a permit, there shall be a three year waiting period from the date of such finding for the property to become eligible for a STRP permit.

Section 3. 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: Colby Sledge, Burkley Allen

AMENDMENT NO. 1
TO
ORDINANCE NO. BL2016-257

Mr. President –

I move to amend Ordinance No. BL2016-257 as follows:

I. By amending Section 2 by deleting it in its entirety and substituting therefore the following:

Section 2. That Chapter 6.28 of the Metropolitan Code of Laws be and the same is hereby amended by deleting the provisions of subsection 6.28.030.R.6 and substituting in lieu thereof the following new subsection 6.28.030.R.6:

6. The penalty for operating a short term rental property without a permit shall be:

a. A fifty dollar fine as imposed by a court of competent jurisdiction. Each day of operation without a permit shall constitute a separate offense.

b. Upon a finding by the Board of Zoning Appeals that a short term rental property has operated without a permit, there shall be a waiting period of up to one year from the date of such finding for the property to become eligible for a STRP permit, as determined by the BZA. Properties that have been denied a permit by the Board of Zoning Appeals and made subject to the one (1) year waiting period prior to October 4, 2016 may re-appeal to the Board of Zoning Appeals with no payment of an appeal fee. The length of the waiting period shall be based upon whether the operator was aware or unaware of the requirement that the STRP have a permit. Evidence to be evaluated in making this decision may include but is not limited to:

1) the testimony of the STRP operator;
2) the testimony of neighbors or others with knowledge of the STRP operation;
3) evidence that the operator was informed of the requirement and disregarded this information;
4) evidence that the operator had looked into requirements and misunderstood them;
5) prior or repeat offenses by the operator under this section; and
6) whether the operator, upon being informed of the requirement, obtained or attempted to obtain a permit before renting the STRP again.

b. Upon a finding of a court of competent jurisdiction that a short term rental property has operated without a permit, in addition to any other relief granted, there shall be a waiting period of three years from the date of such finding for the property to become eligible for a STRP permit.

c. Only properties that have paid all taxes due shall be eligible to apply for a permit.

Sponsored by: Colby Sledge, Burkley Allen

LEGISLATIVE HISTORY
Introduced:	June 7, 2016
Passed First Reading:	June 7, 2016
Referred to:	Codes, Fair, and Farmer's Market Committee
Deferred:	June 21, 2016
Deferred to August 2, 2016	July 5, 2016
Deferred Indefinitely:	August 2, 2016
Placed back on Agenda for:	September 6, 2016
Amended:	September 6, 2016
Passed Second Reading:	September 6, 2016
Passed Third Reading:	September 20, 2016
Approved:	September 21, 2016
By: