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TITLE
13
PROPERTY MAINTENANCE REGULATIONS[1] CHAPTER
1. MISCELLANEOUS. 2. SLUM
CLEARANCE. 3. JUNKYARDS. CHAPTER 1SECTION
13-101. Health
officer. 13‑102. Smoke,
soot, cinders, etc. 13-103. Stagnant
water. 13‑104. Weeds,
etc. 13‑105. Dead
animals. 13‑106. Health
and sanitation nuisances. 13-107. House
trailers. 13-108. Swimming
pools--fence required. 13-109. Town
clean up of property and lien.
13-101.
Health
officer.
The "health officer" shall be such municipal, county, or
state officer as the city council shall appoint or designate to administer and
enforce health and sanitation regulations within the municipality.
13‑102.
Smoke,
soot, cinders, etc.
It shall be unlawful for any person to permit or cause the escape of
such quantities of dense smoke, soot, cinders, noxious acids, fumes, dust, or
gases as to be detrimental to or to endanger the health, comfort, and safety
of the public or so as to cause or have a tendency to cause injury or damage
to property or business.
13‑103.
Stagnant
water.
It shall be unlawful for any person to knowingly allow any pool of
stagnant water to accumulate and stand on his property without treating it so
as to effectively prevent the breeding of mosquitoes.
13‑104.
Weeds,
etc.
It shall be unlawful for any person, persons, firm, or corporation to:
(a) Permit
or suffer grass, weeds, and other undesirable vegetation to grow in excess of
one (1) foot in height within 100 feet of any property line, residence,
business, industry, or public right-of-way (forage crops are expressly
excluded), or
(b) Permit
or suffer trash, rubbish, and refuse to accumulate on his or her property to
such an extent that a nuisance is created which may be considered as injurious
to the health and welfare of the inhabitants of the Town of Eagleville.
13‑105.
Dead
animals.
Any person owning or having possession of any dead animal not
intended for use as food shall promptly bury the same or notify the health
officer and dispose of such animal in such manner as the health officer shall
direct.
13‑106.
Health
and sanitation nuisances.
It shall be unlawful for any person to permit any premises owned,
occupied, or controlled by him to become or remain in a filthy condition, or
permit the use or occupation of same in such a manner as to create noxious or
offensive smells and odors in connection therewith, or to allow the
accumulation or creation of unwholesome and offensive matter or the breeding
of flies, mosquitoes, rodents, or other vermin on the premises to the menace
of the public health or the annoyance of people residing within the vicinity.
13-107.
House
trailers.
It shall be unlawful for any person to park, locate, or occupy any
house trailer or portable building unless it complies with all plumbing,
electrical, sanitary, and building provisions applicable to stationary
structures and the proposed location conforms to the zoning provisions of the
municipality and unless a permit therefor shall have been first duly issued by
the building official, as provided for in the building code.
13-108. Swimming pools--fence required.
Every person, club, firm, or corporation who owns or operates a public
or private residential swimming pool in the Town of Eagleville shall surround
the pool area by a fence or other suitable barricade of sufficient height and
construction to deter small children from wandering into the pool.
When the swimming pool is not open for use, access shall be prevented.
13-109. Town clean
up of property and lien.
The town shall require every owner or occupant of property within the
corporate limits to provide for the orderly maintenance and upkeep of that
property. In the event that the
town or any agent determines in its sole discretion that the property is being
maintained in a manner which may be considered dangerous or detrimental to the
health, safety or welfare of the community, pursuant to any provision of the
charter, code, or state law or regulation, the town or its agents may, upon
ten (10) days notice to the owner of record or occupant, enter upon the
property and make any repairs or improvements which the town or its agents
deem necessary to remedy such conditions.
Thereafter the owner shall be obligated to pay the town its cost for
all improvements, work, and/or labor, supplied or furnished to the property.
All such costs shall be paid to the town within five (5) days of
receipt from the town of a statement for such costs.
In order to secure payment at and after the due date, there shall arise
a continuing lien and charge against the property in favor of the town, the
amount of which shall include costs and reasonable attorney's fees to the
extent permissible by law. The
town may bring an action at law against the owner, or foreclose the lien
against the owner's property. The
town's cost may also, at the town's option, be added to and collected as
property tax from the property owner. CHAPTER
2 SLUM CLEARANCE[2] SECTION 13-201. Findings
of board. 13-202. Definitions. 13-203. "Public
officer" designated; powers. 13-204. Initiation
of proceedings; hearings. 13-205. Orders
to owners of unfit structures. 13-206. When
public officer may repair, etc. 13-207. When
public officer may remove or demolish. 13-208. Lien
for expenses; sale of salvage materials; other powers not limited. 13-209. Basis
for a finding of unfitness. 13-210. Service
of complaints or orders. 13-211. Enjoining
enforcement of order. 13-212. Additional
powers of public officer. 13-213. Powers
conferred are supplemental.
13-201. Findings of board.
Pursuant to Tennessee Code Annotated, § 13-21-101, et
seq., the
board of commissioners finds that there
exists in the town structures which are unfit for human occupation 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 dwellings unsafe or unsanitary, or dangerous or
detrimental to the health, safety and morals, or otherwise inimical to the
welfare of the residents of the town, and, therefore ordains as follows.
13-202.
Definitions.
(1) "Municipality"
shall mean the Town of Eagleville, Tennessee, and the areas encompassed within
existing town limits or as hereafter annexed.
(2) "Governing
body" shall mean the board of commissioners charged with governing the
town.
(3) "Public
officer" shall mean the officer or officers who are authorized by this
chapter to exercise the powers prescribed herein and pursuant to Tennessee
Code Annotated, § 13-21-101, et seq.
(4) "Public
authority" shall mean any housing authority or any officer who is in charge
of any department or branch of the government of the town or state relating to
health, fire, building regulations, or other activities concerning structures in
the town.
(5) "Owner"
shall mean the holder of title in fee simple and every mortgagee of record.
(6) "Parties
in interest" shall mean all individuals, associations, corporations and
others who have interests of record in a dwelling and any who are in possession
thereof.
(7) "Structures"
shall mean any building or structure, or part thereof, used for human occupation
and intended to be belonging thereto or usually enjoyed therewith.
13-203. "
Public
officer" designated; powers. There is hereby
designated and appointed a "public officer," to be the building
official of the town, to exercise the powers prescribed by this chapter, which
powers shall be supplemental to all others held by the building official.
13-204. Initiation of proceedings; hearings.
Whenever a
petition is filed with the public officer by
a public authority or by at least five (5) residents of the town charging that
any structure is unfit for human occupancy or use, or whenever it appears to the
public officer (on his own motion) that any structure is unfit for human
occupation or use, the public officer shall, if his preliminary investigation
discloses a basis for such charges, issue and cause to be served upon the owner
of, 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
public officer (or his designated agent) at a place therein fixed, not less than
ten (10) days nor more than thirty (30) days after the service of the complaint;
and the owner and parties in interest shall have the right to file an answer to
the complaint and to appear in person, or otherwise, and give testimony at the
time and place fixed in the complaint; and the rules of evidence prevailing in
court of law or equity shall not be controlling in hearings before the public
officer.
13-205.
Orders
to owners of unfit structures.
If, after such notice and hearing as provided for in the preceding
section, the public officer determines that the structure under consideration is
unfit for human occupancy or use, he shall state in writing his finding of fact
in support of such determination and shall issue and cause to be served upon the
owner thereof an order:
(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 (not exceeding fifty
percent [50%] of the reasonable value), requiring the owner, during the time
specified in the order, to repair, alter, or improve such structure to render it
fit for human occupancy or use or to vacate and close the structure for human
occupancy or use; or
(2) If
the repair, alteration or improvement of said structure cannot be made at a
reasonable cost in relation to the value of the structure (not to exceed fifty
percent [50%] of the value of the premises), requiring the owner within the time
specified in the order, to remove or demolish such structure.
13-206. When
public
officer may repair, etc.
If the owner fails to comply with the order to repair, alter, or improve
or to vacate and close the structure as specified in the preceding section
hereof, the public officer may cause such structure to be repaired, altered, or
improved, or to be posted on the main entrance of any dwelling so closed, a
placard with the following words: "This building is unfit for human
occupancy or use; the use or occupation of this building for human occupancy or
use is prohibited and unlawful."
13-207. When
public
officer may remove or demolish.
If the owner fails to comply with an order, as specified above, to remove
or demolish the structure, the public officer may cause such structure to be
removed and demolished.
13-208.
Lien
for expenses; sale of salvaged materials; other powers not limited.
The amount of the cost of such repairs, alterations or improvements, or
vacating and closing, or removal or demolition by the public officer shall be a
lien against the real property upon which such costs were incurred.
If the structure is removed or demolished by the public officer, 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 of Rutherford County,
Tennessee, by the public officer, 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, provided,
however, that nothing in this section shall be construed to impair or limit in
any way the power of the Town of Eagleville to define and declare nuisances and
to cause their removal or abatement by summary proceedings or otherwise may be
provided by the charter or ordinances of the town.
13-209.
Basis
for a finding of unfitness.
The public officer defined herein shall have the power and may determine
that a structure is unfit for human occupation and use if he finds that
conditions exist in such structure which are dangerous or injurious to the
health, safety or morals of the occupants or users of such structure, the
occupants or users of neighboring structures or other residents of the Town of
Eagleville such conditions may include the following (without limiting the
generality of the foregoing); defects therein increasing the hazards of fire,
accident, or other calamities; lack of adequate ventilation, light, or sanitary
facilities; dilapidation; disrepair; structural defects; and uncleanliness.
13-210.
Service
of complaints or orders.
Complaints or orders issued by the public officer pursuant to this
chapter shall be served upon persons, either personally or by registered mail,
but if the whereabouts of such person is unknown and the same cannot be
ascertained by the public officer in the exercise of reasonable diligence, and
the public officer shall make an affidavit to that effect, then the serving of
such complaint or order upon such persons may be made by publishing the same
once each week for two (2) consecutive weeks in a newspaper printed and
published in the town. In addition,
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 Rutherford County, Tennessee, and such filing shall have
the same force and effect as other lis pendens notices provided by law.
13-211.
Enjoining
enforcement of order.
Any person affected by an order issued by the public officer served
pursuant to this chapter may file a suit in
chancery court for an injunction restraining
the public officer from carrying out the provisions of the order, and the court
may, upon the filing of such suit, issue a temporary injunction restraining the
public officer pending the final disposition of the cause; provided, however,
that within sixty (60) days after the posting and service of the order of the
public officer, such person shall
file such suit in the court.
The remedy provided herein shall be the exclusive remedy and no person
affected by an order of the public officer shall be entitled to recover any
damages for action taken pursuant to any order of the public officer, or because
of noncompliance by such person with any order of the public officer.
13-212. Additional powers of public officer.
The public officer, in order to carry out and effectuate the purposes and
provisions of this chapter, shall have the following powers in addition to those
otherwise granted herein:
(1) To
investigate conditions of the structures in the town in order to determine which
structures therein are unfit for human occupation or use;
(2) To
administer oaths, affirmations, examine witnesses and receive evidence;
(3) To
enter upon premises for the purpose of making examination, provided that such
entry shall be made in such manner as to cause the least possible inconvenience
to the persons in possession;
(4) To
appoint and fix the duties of such officers, agents and employees as he deems
necessary to carry out the purposes of this chapter; and
(5) To
delegate any of his functions and powers under this chapter to such officers and
agents as he may designate.
13-213. Powers conferred are supplemental.
This chapter shall not be construed to abrogate or impair the powers of
the town with regard to the enforcement of the provisions of its charter or any
other ordinances or regulations, nor to prevent or punish violations thereof,
and the powers conferred by this chapter shall be in addition and supplemental
to the powers conferred by the charter and other laws.
CHAPTER
3 JUNKYARDSSECTION
13-301. Junkyards.
13-301.
Junkyards.[3]
All junkyards within the corporate limits shall be operated and
maintained subject to the following regulations:
(1) All
junk stored or kept in such yards shall be so kept that it will not catch and
hold water in which mosquitoes may breed and so that it will not constitute a
place, or places in which rats, mice, or other vermin may be harbored, reared,
or propagated.
(2) All
such junkyards shall be enclosed within close fitting plank or metal solid
fences touching the ground on the bottom and being not less than eight (8) feet
in height, such fence to be built so that it will be impossible for stray cats
and/or stray dogs to have access to such junkyards.
(3) Such
yards shall be so maintained as to be in a sanitary condition and so as not to
be a menace to the public health or safety.
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