RESOLUTION NO. RS2010-1128

A resolution requesting the Davidson County Delegation to the Tennessee General Assembly to introduce and support legislation that allows constructive notice to be given to owners of property who are in violation of building codes and/or health codes.

WHEREAS, the intensity of development in the four urban counties of Tennessee has caused widespread building and health code violations that are negatively impacting the citizens of these counties; and

WHEREAS, the Metropolitan Government has had great difficulty in providing actual notice to owners of real property in violation of the building codes and/or health codes because many of these owners live out of state or are otherwise difficult to locate; and

WHEREAS, the Metropolitan Health Department and the Department of Codes Administration need additional tools under state law to improve codes enforcement and prevent urban decay; and

WHEREAS, since owners of property are required to list their address for the purpose of paying real property taxes, legislation should be adopted by the Tennessee General Assembly to allow various departments of the Metropolitan Government charged with enforcing life, health and safety codes to give notice to the owners of property at these addresses so that remedial or legal process can be instituted.

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 the Davidson County Delegation to the Tennessee General Assembly to introduce and support legislation that allows constructive notice to be given to owners of property who are in violation of building codes and/or health codes.

Section 2. That the Metropolitan Clerk is directed to send a copy of this Resolution to each member of the Davidson County Delegation to the Tennessee General Assembly.

Section 3. That 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: Bruce Stanley