ORDINANCE NO. BL2017-867

ORDINANCE BL2017-867

An ordinance amending chapters 10.28 and 2.88 of the Metropolitan Code of Laws to address the control of excess vegetation.

WHEREAS, there is a need to authorize the Department of Codes Administration to address control of excess vegetation; and,

WHEREAS, there is a need to empower the Property Standards and Appeals Board to hear appeals of cases involving control of excessive vegetation upon which the department of codes administration has acted.

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

Section 1. The Metropolitan Code of Laws is hereby amended to add a new Chapter to read as follows:

Chapter 10.28

Control of Excessive Vegetation

Sections:
10.28.010 Excessive growth and accumulation prohibited.
10.28.020 Board of Property Standards and Appeals
10.28.030 Department of Codes Administration.
10.28.040 Application of this Chapter.
10.28.050 Notice of violation.
10.28.060 Failure to comply--Remedy by Department of Codes Administration.
10.28.070 Appeals to Board of Property Standards and Appeals.
10.28.080 Collection of costs.
10.28.090 Right to Appeal.

10.28.010 Excessive growth and accumulation prohibited.

A. No person shall create, maintain or permit to maintain the excessive growth of any vegetation, including trees, vines, grass, underbrush and/or the accumulation of debris, trash, litter or garbage, or any combination of those elements, so as to endanger the health, safety or welfare of the citizens of the metropolitan government or to encourage the infestation of rats or other harmful rodents or animals.
B. All premises and exterior property shall be maintained free from weeds in excess of twelve inches so as not to endanger the health, safety, and welfare of the citizens of the metropolitan government. Weeds shall be defined as all grasses, annual plants and vegetation, other than ornamental grasses, trees or shrubs; provided, however, this term shall not include cultivated flowers and gardens.

10.28.010 Board of Property Standards and Appeals

The board of property standards and appeals is empowered to hear matters involving control of excessive vegetation as set out in this chapter.

10.28.030 Department of Codes Administration.

A. The department of codes administration is designated, pursuant to Tennessee Code Annotated § 6-54-113, as the appropriate entity to administer and enforce this chapter.
B. The department of codes administration may adopt rules and regulations necessary for the administration and enforcement of this chapter, making due provision for a hearing upon request of a person aggrieved by any determination made thereunder.
C. The department of codes administration is authorized to investigate any alleged violations of this chapter, and compose a report of any violation of this chapter to assist in remedying or seeking a remedy for violations of this chapter. The authority under this chapter may be exercised in lieu of or in addition to any other authority of the department of codes administration to enforce this or similar provisions.

10.28.040 Application of this chapter.

In accordance with Tennessee Code Annotated § 6-54-113, the provisions of this chapter shall apply to both occupied and unoccupied properties.

10.28.050 Notice of violation.

A. At any time the department of codes administration is alerted to or determines that the provisions of Section 10.28.010 are being violated or that the conditions prohibited therein exist, it shall, through its director or other representative, give notice to the owner of record to immediately remedy the violation.
B. The notice shall:

1. Be given by United States mail, addressed to the last known address of the owner of record. In accordance with Tennessee Code Annotated § 6-54-113, when an attempt at notification by United States mail fails or no valid last known address exists for the owner of record, the department of codes administration may publish the notice in a newspaper of general circulation in Davidson County for no less than two (2) consecutive issues or personally deliver the notice to the owner of record. For purposes of this section, such publication shall constitute receipt of notice effective on the date of the second publication of the notice and personal delivery shall constitute receipt of notice immediately upon delivery.
2. Be written in plain language and include:

a. A brief statement of the law, including the consequences of failing to remedy the violation or condition,
b. The person, office, address and telephone number of the administrative official giving notice,
c. An estimate of the cost of remedying the violation based upon customary community standards,
d. A statement that the owner is entitled to a hearing and may appeal the decision to the property standards board and the means by which such an appeal must be initiated.

10.28.060 Failure to comply--Remedy by the Department of Codes Administration.

A. After ten days from the date of the notice prescribed in Section 10.28.050, if the condition has not been remedied and no appeal initiated, the department of codes administration shall begin the process to immediately remedy and remove or cause to be remedied and removed the violations or conditions at a cost in accord with fair and reasonable community standards. Provided, however, if the owner of record of the property is a carrier engaged in the transportation of property or is a utility transmitting communications, electricity, gas, liquids, steam, sewerage or other materials, the ten-day period of the first sentence of this subsection shall be twenty days, excluding Saturdays, Sundays and legal holidays.
B. The department of codes administration is authorized to clear the lots found to be in violation of Section 10.28.010 and charge a reasonable fee therefor, or to refer any such lots to a private contractor or contractors, duly selected by the purchasing agent pursuant to Title 4 of the Metropolitan Code of Laws. The costs of utilizing such private contractor or contractors shall be reimbursed from a special revolving account established for this purpose. The funds recovered, pursuant to subsection C of this section, shall be deposited into such special revolving account, in addition to any funds appropriated to this special revolving account by the metropolitan council. The director of the department of codes administration is authorized to transfer necessary funds from his operating funds to the special revolving account established by this subsection.
C. Within sixty days of the date the violation is remedied and/or the condition is removed, the department of codes administration shall submit a statement of the cost to the metropolitan trustee. The department of codes administration is authorized to and shall record a lien against the property in the register’s office of Davidson County on or before the date that the statement of costs is submitted to the metropolitan trustee. Any lien so recorded shall be released by payment thereof in full, or by operation of the laws of the state of Tennessee and/or the United States or by vote of the property standards board based upon a showing of substantial hardship and that release of the lien created under this section will not obstruct or materially impede the purposes of this chapter.
D. Any person failing to take the required remedial action under subsection A of this section shall be in violation of this chapter and shall be subject to a fine of up to fifty dollars, with each day constituting a separate violation. Provided, however, such fines may not exceed a total of two hundred fifty dollars on any one lot. Nothing in this subsection shall be construed to adversely affect the remedies stated elsewhere in this section; the remedy stated herein being cumulative in nature.
E. Nothing in this chapter shall prevent the department of codes administration from seeking a remedy for any violation of Section 10.28.010 in a court of competent jurisdiction.

10.28.070 Appeals to the Board of Property Standards and Appeals.

A. Any owner of record aggrieved by the determination of the department of codes administration made pursuant to Section 10.28.050 (A) may appeal to the board of property standards and appeals within ten days of receipt of the notice; failure to appeal within the specified time period shall without exception constitute waiver of the right of appeal.
B. The board of property standards and appeals may adopt procedural rules for the conduct of hearings before it in accordance with Tennessee Code Annotated § 6-54-113.
C. If the board determines: (1) that the department of codes administration correctly found a violation, an order so finding shall be entered and a copy sent to the metropolitan trustee and the record owner; (2) that the department of codes administration incorrectly found a violation, an order so finding shall be entered and a copy sent to the record owner.
D. The board of property standards and appeals shall also have the authority to hear appeals from decisions of the urban forester regarding the designation and removal of hazard trees, tree permits relating to public trees, and permits for arborists.

10.28.080 Collection of costs.

The metropolitan trustee shall, upon receipt of a lien and a statement of costs, make an appropriate notation in the files and collect the costs in the same manner as the taxes are collected.

10.28.090 Right to appeal.

Any person aggrieved by an order or other action of the board of property standards and appeals may appeal to a court of competent jurisdiction as provided for under the laws of the state of Tennessee.

Section 2. Chapter 2.88 is hereby amended to renumber current section 2.88.090 as 2.88.100 and by adding the following new section 2.88.090:

Section 2.88.090

The board of property standards and appeals is also empowered to hear matters involving control of excessive vegetation as set out in Chapter 10.28 of the metropolitan code of laws.

Section 3. This ordinance shall take effect from and after its final passage, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Robert Swope, Jeff Syracuse, Dave Rosenberg

AMENDMENT NO. 1
TO
ORDINANCE NO. BL2017-867

Mr. President –

I move to amend Ordinance No. BL2017-867 as follows:

I. By amending Section 1 by deleting the section heading labeled “10.28.010 Board of Property Standards and Appeals” and substituting in lieu thereof: “10.28.020 Board of Property Standards and Appeals”

LEGISLATIVE HISTORY
Introduced:	September 5, 2017
Passed First Reading:	September 5, 2017
Referred to:	Codes, Fair, and Farmer's Market Committee
Amended:	September 19, 2017
Passed Second Reading:	September 19, 2017
Passed Third Reading:	October 3, 2017
Approved:	October 4, 2017
By: