A resolution requesting Mayor Bill Purcell and the Metropolitan Department of Public Works to enforce the existing laws pertaining to unauthorized encroachments within the public right-of-way.  

WHEREAS, the Department of Public Works has the responsibility under the Metropolitan Charter for the maintenance of public rights-of-way, as well as the administration and enforcement of all laws relating to permits and licenses, unless specifically designated to another department by the Council; and

WHEREAS, Section 13.08.030 of the Metropolitan Code provides that “[n]o person, firm or entity shall construct, install, operate and/or maintain an encroachment in, on, over, or under any street, road, alley, sidewalk, or other public way except when permitted by the metropolitan government”; and

WHEREAS, Section 13.08.030 further provides that a person or entity requesting such encroachment must pay a $100.00 application fee to the Department of Public Works and provide a liability insurance policy holding the Metropolitan Government harmless from any claims resulting from the encroachment; and

WHEREAS, the Metropolitan Council is concerned that certain encroachments such as vending boxes and advertising boards, that are placed within the right-of-way, are in possible violation of the Americans with Disabilities Act (ADA) and may present a danger to pedestrians; and

WHEREAS, under Tennessee law, if the Metropolitan Government has notice of a defective or dangerous condition within the right-of-way, and if a person is injured as a result of the defective or dangerous condition, the Metropolitan Government is liable for the injuries sustained subject to the limits set forth in the Governmental Tort Liability Act; and

WHEREAS, in order to avoid injuries to our citizens, as well as liability for the Metropolitan Government, it is fitting and proper that the Department of Public Works enforce the existing encroachment laws against all temporary and permanent encroachments that do not have a valid permit from the Metropolitan Government.

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

Section 1.      That the Metropolitan County Council hereby goes on record as requesting Mayor Bill Purcell and the Metropolitan Department of Public Works to enforce the existing laws pertaining to unauthorized encroachments within the public right-of-way.

Section 2.      The Metropolitan Clerk is directed to send a copy of this Resolution to Mayor Bill Purcell and to Billy Lynch, the acting director of the Department of Public Works.

Section 3.      The Mayor and the Department of Public Works are further requested to respond to the Council as to the feasibility of and/or action taken in compliance with the request stated in Section 1 hereof not later than sixty (60) days after adoption of this Resolution.

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

Sponsored by: Ludye Wallace