Kingsport TN Prop Maint Code content

I've had a couple conversations as a part of Rules and Law. I believe others have been through this, and we ought not invent anything if at all possible.

Kingsport TN is a Nolen Community from about 1919. Who better than to emulate!

They have some enforcement code in their ordinances - I've fwded on to Dennis M to review.

Cortney



http://library6.municode.com/default-test/home.htm?infobase=11088&doc_action=whatsnew

ARTICLE IX. UNSAFE OR UNSIGHTLY BUILDINGS OR PREMISES*

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*Cross references: Environment, ch. 42.

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DIVISION 1. GENERALLY

Sec. 22-666. Findings and declaration of policy.
It is found and declared that there exist in the city structures in use which are or may become substandard with respect to structural soundness, equipment or maintenance or, further, that such conditions, including but not limited to structural deterioration, lack of maintenance of exterior of premises, infestation, lack of essential heating or plumbing equipment, lack of maintenance or upkeep of essential utilities and facilities, existence of fire hazards, inadequate provisions for light and air, or unsanitary conditions and overcrowding, constitute a menace to the health, safety, welfare and reasonable comfort of the citizens and inhabitants of the city. It is further found and declared that because of lack of maintenance and because of progressive deterioration certain properties have the further effect of creating blighting conditions and initiating slums and that, if the such are not curtailed and removed, the conditions will grow and spread and will necessitate in time the expenditure of large amounts of public funds to correct and eliminate the conditions and that, by timely regulations and restrictions as contained in this article, the growth of slums and blight may be prevented and the neighborhood and property values thereby maintained, the desirability and amenities of residential and nonresidential uses and neighborhoods enhanced and the public health, safety and welfare protected and fostered.
(Code 1981, § 6-301)

Sec. 22-667. Purpose.
The purpose of this article is to:
(1) Protect the public health, safety and welfare by establishing minimum standards governing the maintenance, condition and occupancy of residential and nonresidential premises;
(2) Establish minimum standards governing utilities, facilities and other physical components and conditions essential to make such facilities fit for human habitation, occupancy and use;
(3) Fix certain responsibilities and duties upon owners and operators and occupants;
(4) Authorize and establish procedures for the inspection of residential and nonresidential premises;
(5) Fix penalties for the violation of this article; and
(6) Provide for the repair, demolition or vacation of premises unfit for human habitation or occupancy or use.
(Code 1981, § 6-302)

Sec. 22-668. Administration fees.
Every owner or person in possession, charge or control of any place or premises on which a nuisance is created, accumulated or produced which must be abated by the city as a result of his failure or refusal to comply with an order of the building official is liable for and shall pay an administration fee in addition to the cost of repair, alteration or improvement or vacating and closing or removal or demolition by the building official, which fee shall be set by resolution of the board of mayor and aldermen.
(Code 1981, § 6-303)
Secs. 22-669--22-695. Reserved.

DIVISION 2. PUBLIC NUISANCES*

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*Cross references: Nuisance activities, § 66-56 et seq.

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Sec. 22-696. Definitions.
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Nuisance means:
(1) Any public nuisance as defined by statute or ordinance.
(2) Any attractive nuisance which may prove detrimental to the health or safety of children, whether in a building, on the premises of a building or upon an unimproved lot. This shall include but not be limited to abandoned wells, shafts, basements, excavations; abandoned iceboxes, refrigerators or motor vehicles; structurally unsound fences or structures; lumber; trash; debris; or vegetation such as poison ivy, poison oak or poison sumac which may prove hazardous for inquisitive minors.
(3) Physical conditions dangerous to human life or detrimental to health of persons on or near the premises where the conditions exist.
(4) Inadequate or unsanitary sewage or plumbing facilities.
(5) Unsanitary conditions or anything offensive to the senses or dangerous to health in violation of this division.
(6) Fire hazards.
Occupant means any person who has charge, care or control of a dwelling or premises or a part thereof, whether with or without the knowledge and consent of the owner.
Owner means any person who, alone or jointly or severally with others, shall have legal or equitable title to any premises, with or without accompanying actual possession thereof, or who shall have charge, care or control of any dwelling unit, as owner or as executor, administrator, trustee, receiver or guardian of the estate, or as a mortgagee in possession regardless of how such possession was obtained. Any person who is a lessor subletting or reassigning any part or all of any dwelling or dwelling unit shall be deemed to be a co-owner with the lessee and shall have joint responsibility over the portion of the premises sublet or assigned by the lessor.
Parties in interest means all individuals, associations or corporations who have interests of record in a parcel of land or have actual possession thereof.
Premises means a lot, plot or parcel of land, including any buildings or structures thereon.
Refuse means all putrescible and nonputrescible solid waste, including but not limited to garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles and solid market and industrial wastes.
Rubbish means nonputrescible solid wastes consisting of both combustible and noncombustible wastes such as paper, wrappings, cardboard, tin cans, yard clippings, leaves, wood, glass, bedding, crockery and similar materials.
(Code 1981, § 6-310)
Cross references: Definitions generally, § 1-2.

Sec. 22-697. Administration.
All inspections, regulations, enforcement and hearings on violations of this division shall be under the direction and supervision of the building official. The building official may designate such other employees to perform duties as may be necessary to the enforcement of this division, including the making of inspections and holding of hearings.
(Code 1981, § 6-312)

Sec. 22-698. Applicability.
Every residential, nonresidential or mixed occupancy building and the land on which it is situated, used or intended to be used for dwelling, commercial, business or industrial occupancy or use shall comply with this division, whether or not such building shall have been constructed, altered or repaired before or after September 15, 1992, and irrespective of any permits or licenses which shall have been issued for the use or occupancy of the building or premises for the construction or repair of the building or for the installation or repair of equipment or facilities prior to the effective date of the ordinance from which this section derives. This division shall also apply to mobile home parks.
(Code 1981, § 6-313)

Sec. 22-699. Controlling standards.
If any section of this division imposes a higher standard than set forth in any other ordinance or under state laws, the standards set forth in this division shall prevail; but if this division imposes a lower standard than any other local ordinance or of state laws, the higher standard shall prevail.
(Code 1981, § 6-314)

Sec. 22-700. Compliance with other ordinances.
No section of this division shall relive any owner, operator or occupant from complying with any other section or relieve any city official from enforcing any other section of this Code.
(Code 1981, § 6-315)

Sec. 22-701. Care of premises.
Having adopted the housing code by reference in section 22-111, it shall be unlawful, in conformance with such code, for the owner or occupant of a residential building, structure or property to utilize the premises of such residential property for the open storage of any abandoned motor vehicle, icebox, refrigerator, stove, glass, building material, building rubbish or similar items. It shall be the duty and responsibility of every such owner or occupant to keep the premises of such residential property clean and to remove from the premises all such abandoned items as listed in this section, including but not limited to weeds, dead trees, trash, garbage, etc., upon notice from the building official.
(Code 1981, § 6-311)
Secs. 22-702--22-730. Reserved.

DIVISION 3. STRUCTURES UNFIT FOR HUMAN HABITATION

Sec. 22-731. Definitions.
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Dwelling means any building or structure or part thereof used and occupied for human occupation or use or intended to be so used and includes any outhouses and appurtenances belonging thereto or usually enjoyed therewith.
Occupant means any person who has charge, care or control of a dwelling or premises or a part thereof, whether with or without the knowledge and consent of the owner.
Owner means any person who, alone or jointly or severally with others, shall have legal or equitable title to any premises in fee simple and every mortgagee of record.
Parties in interest means all individuals, associations or corporations who have interests of record in a structure or parcel of land or who have actual possession thereof.
Premises means a lot, plot or parcel of land, including any buildings or structures thereon.
Public officer means the building official.
Structure means any dwelling or place of public accommodation.
(Code 1981, § 6-321)
Cross references: Definitions generally, § 1-2.

Sec. 22-732. Findings.
Pursuant to T.C.A. § 13-21-101 et seq., it is found that there exist in the city structures that are unfit for human occupation or use due to dilapidation; defects increasing the hazards of fire, accident or other calamities; lack of ventilation, light or sanitary facilities; or due to other conditions rendering such structures unsafe or unsanitary or dangerous or detrimental to the health, safety or morals or otherwise inimical to the welfare of the residents of the city.
(Code 1981, § 6-320)

Sec. 22-733. Enforcing official.
The building official is designated as the public officer who shall exercise the powers prescribed in this division.
(Code 1981, § 6-321.1)

Sec. 22-734. Powers of building official.
The building official is authorized to exercise such powers as may be necessary or convenient to carry out and effectuate the purposes and requirements of this division, including the following powers in addition to others granted in this division:
(1) Investigate conditions in the city in order to determine which structures are unfit for human occupation or use.
(2) Administer oaths and affirmations, examine witnesses and receive evidence.
(3) Enter upon premises for the purposes of making examinations, provided that such entries shall be made in such manner as to cause the least possible inconvenience to the persons in possession.
(Code 1981, § 6-330)

Sec. 22-735. Conditions rendering dwelling unfit for human habitation.
In addition to other standards set forth in this division, the building official may determine that a structure is unfit for human occupation or use if he finds that conditions exist in such structure that are dangerous or injurious to the health or safety of the occupants of such structure, the occupants of neighboring structures or other residents of the city. Such conditions may include the following, but without limiting the generality of the foregoing: defects increasing the hazards of fire, accident or other calamities; lack of adequate ventilation, light or sanitary facilities; dilapidation; disrepair; structural defects; and uncleanliness.
(Code 1981, § 6-327)

Sec. 22-736. Institution of action and notification.
(a) As used in this section, the term "public authority" shall mean any housing authority or any officer who is in charge of any department or branch of the city or state government relating to health, fire, building regulation or other activities concerning structures in the city.
(b) Whenever a petition is filed with the building official by a public authority or by at least five residents of the city charging that any structure is unfit for human occupation or use or whenever it appears to the building official on his own motion that any structure is unfit for occupation or use, the building official shall, after making a preliminary investigation and such investigation discloses a basis for the charges, issue and cause to be served upon the owner and parties in interest of such structure a complaint stating the charges in that respect and containing a notice that a hearing will be held before the building official at a time and place therein fixed not less than ten days nor more than 30 days after the serving of the complaint. The notice shall also state that the owners and parties in interest shall be given the right to file an answer to the complaint and to appear in person or otherwise and give testimony at the place and time fixed in the complaint. The rules of evidence prevailing in courts of law or equity shall not be controlling in hearings before the building official.
(Code 1981, § 6-322)

Sec. 22-737. Determination of and further notice by building official.
(a) If, after such notice and hearing as prescribed in section 22-736, the building official determines that the structure under consideration is unfit for human habitation or use, he shall state in writing his findings of fact in support of such determination and shall issue and cause to be served upon the owner thereof an order as follows:
(1) If the repair, alteration or improvement of the structure can be made at a reasonable cost in relation to the value of the structure, the order shall require the owner, within the time specified in the order, to repair, alter or improve such structure to render it fit for human occupation or use or, if not adequately repaired, altered or improved within the time specified in the order, to vacate and close the dwelling as a place of human habitation or use; or
(2) If the repair, alteration or improvement of the structure cannot be made at a reasonable cost in relation to the value of the structure, the order shall require the owner, within the time specified in the order, to remove or demolish such structure.
(b) The building official shall determine the value of the structure in question existing on the land, and the value of the land itself shall not be considered. If the structure can be made to conform to such standards as will make it properly habitable by an expenditure of not more than 50 percent of such value, the order referred to in subsection (a)(2) of this section shall conform to the first alternative in subsection (a)(1) of this section. If an expenditure of more than 50 percent of the value would be necessary to make the structure properly habitable, the order in subsection (a)(1) of this section shall conform to the second alternative in subsection (a)(2) of this section.
(c) Any repair, alteration or improvement instituted in compliance with this division shall be made in conformance with the zoning and building codes.
(Code 1981, § 6-323)

Sec. 22-738. Failure of owner to comply.
If the owner fails to comply with the order under subsection 22-737(a)(1), the building official may cause such structure to be repaired, altered or improved or be vacated and closed. If the building is vacated and closed, the building official may cause to be posted on the main entrance of any structure so closed a placard with the following words: "This building is unfit for human occupation or use; the use or occupation of this building for human occupation or use is prohibited and unlawful."
(Code 1981, § 6-324)

Sec. 22-739. Failure of owner to remove or demolish.
If the owner fails to comply with an order as set forth in subsection 22-737(a)(2), the building official may cause such structure to be removed or demolished.
(Code 1981, § 6-325)

Sec. 22-740. Creation of lien and payment into court.
Under this division, the cost of such repairs, alterations or improvements or vacating and closing or removal or demolition by the building official shall, upon the filing of the notice with the office of the register of deeds of the county in which the property lies, be a lien in favor of the city against the real property on which such cost was incurred, second only to liens of the state, county and city for taxes; any lien of the city for special assessments; and any valid lien, right or interest in such property duly recorded or duly perfected by filing, prior to the filing of such notice. These costs shall be collected by the city tax collector at the same time and in the same manner as property taxes are collected. If the structure is removed or demolished by the building official, he shall sell the materials of such structure and shall credit the proceeds of such sale against the cost of the removal or demolition, and any balance remaining shall be deposited in the chancery court by the building official, shall be secured in such manner as may be directed by such court and shall be disbursed by such court to the person found to be entitled thereto by final order or decree of such court. However, nothing in this section shall be construed to impair or limit in any way the power of the city to define and declare nuisances and to cause their removal or abatement by summary proceedings or otherwise.
(Code 1981, § 6-326)

Sec. 22-741. Service of complaints or orders.
Complaints or orders issued by the building official pursuant to this division shall be served upon persons either personally or by registered mail. However, if the whereabouts of such persons are unknown and the whereabouts cannot be ascertained by the building official in the exercise of reasonable diligence and the building official shall make affidavit to that effect, the serving of such complaint or order upon such persons may be made by publishing the complaint or order once each week for two consecutive weeks in a newspaper printed and published in the city. A copy of such complaint or order shall be posted in a conspicuous place on the premises affected by the complaint or order. A copy of such complaint or order shall also be filed for record in the register's office of the county in which the structure is located, and such filing of the complaint or order shall have the same force and effect as other lis pendens notices provided by law.
(Code 1981, § 6-328)

Sec. 22-742. Enjoining enforcement of order.
(a) Any person affected by an order issued by the building official pursuant to this division may file a bill in the chancery court for an injunction restraining the building official from carrying out the provisions of the order, and the court may, upon the filing of such bill, issue a temporary injunction restraining the building official pending the final disposition of the cause, provided that, within 60 days after the posting and service of the order of the building official, such person shall file such bill in the court. Hearings shall be had by the court on such bill within 20 days or as soon thereafter as possible and shall be given preference over other matters on the court's calendar.
(b) The court shall hear and determine the issue raised and shall enter such final order or decree as law and justice may require. In all such proceedings, the findings of the building official as to facts, if supported by evidence, shall be conclusive. Costs shall be in the discretion of the court. The remedies provided in this section shall be exclusive remedies, and no person affected by an order of the building official shall be entitled to recover any damages for action taken pursuant to any order of the building official or because of noncompliance by such person with any order of the building official.
(Code 1981, § 6-329)
Secs. 22-743--22-770. Reserved.

DIVISION 4. PROPERTY OTHER THAN OWNER-OCCUPIED RESIDENCES

Sec. 22-771. Applicability.
This division shall not apply to any parcel of property upon which an owner-occupied residence is located.
(Code 1981, § 6-344)

Sec. 22-772. Enforcing official.
The building official is designated as the public officer who shall exercise the powers set out in this division.
(Code 1981, § 6-340)

Sec. 22-773. Institution of action and notification.
Pursuant to T.C.A. § 6-54-113, if it is determined by the building official that any owner of record of real property has created, maintained or permitted to be maintained on such property the growth of trees, vines, grass, underbrush or the accumulation of debris, trash, litter or garbage or any combination of such elements so as to endanger the health, safety or welfare of other citizens or so as to encourage the infestation of rats and other harmful animals, the building official shall provide notice to the owner of record to remedy the condition immediately. The notice shall be given by United States mail, addressed to the last known address of the owner of record. The notice shall state that the owner of the property is entitled to a hearing. The notice shall be written in plain language and shall also include but not be limited to the following elements:
(1) A brief statement of the provisions of this division, which shall contain the consequences of failing to remedy the noted condition;
(2) The person, office, address and telephone number of the department or person giving notice;
(3) A cost estimate for remedying the noted condition, which shall be in conformity with the standards of cost in the city; and
(4) A place where the notified party may return a copy of the notice, indicating the desire for a hearing.
(Code 1981, § 6-341)

Sec. 22-774. Failure of owner to comply.
(a) If the person fails or refuses to remedy the condition within ten days after receiving the notice, the appropriate department or person shall immediately cause the condition to be remedied or removed at a cost in conformity with reasonable standards and the cost thereof assessed against the owner of the property. The city may collect the costs assessed against the owner through an action for debt filed in any court of competent jurisdiction. The city may bring one action for debt against more than one or all of the owners of properties against whom such costs have been assessed, and the fact that multiple owners have been joined in one action shall not be considered by the court as a misjoinder of parties. Upon the filing of the notice with the office of the register of deeds of the county in which the property lies, the costs shall be a lien on the property in favor of the city, second only to liens of the state, county and city for taxes; any lien of the city for special assessments; and any valid lien, right or interest in such property duly recorded or duly perfected by filing, prior to the filing of such notice. These costs shall be collected by the city tax collector at the same time and in the same manner as property taxes are collected. If the owner fails to pay the costs, they may be collected at the same time and in the same manner as delinquent property taxes are collected and shall be subject to the same penalty and interest as delinquent property taxes.
(b) If the person who is the owner of record is a carrier engaged in the transportation of property or is a utility transmitting communication, electricity, gas, liquids, steam, sewerage or other materials, the ten-day period specified in subsection (a) of this section shall be 20 days, excluding Saturdays, Sundays and legal holidays.
(Code 1981, § 6-342)
State law references: Similar provisions, T.C.A. § 6-54-113(c)(1), (2).

Sec. 22-775. Rules; hearings; stay of enforcement.
(a) The board of mayor and aldermen may make rules and regulations necessary for the administration and enforcement of this division. The building official shall provide for a hearing upon request of the person aggrieved by the determination made pursuant to section 22-773. A request for a hearing shall be made within ten days following the receipt of the notice issued pursuant to section 22-773. Failure to make the request within this time shall without exception constitute a waiver of the right to a hearing.
(b) Any person aggrieved by an order or act of the building official under this division may seek judicial review of the order or act. The time period established in section 22-774 shall be stayed during the pendency of a hearing.
(Code 1981, § 6-343)
Secs. 22-776--22-800. Reserved.