City of LaFollette
Building and Property Maintenance Standards Review
By Ron Darden, Municipal Management Consultant
The University of Tennessee Municipal Technical Advisory Service
Reviewed by MTAS Legal Consultants Melissa Ashburn and Sid Hemsley
Table of Contents
Introduction
1
Legal Basis of Code Enforcement
1
Recommendations
1,2
Inspection Procedures
2,3,4
Implementation Recommendations
4
Exhibits
Exhibit I, Adoption of Property Maintenance Code
Exhibit II, Creating Board of Adjustments and Appeals, Procedures
Exhibit III, Administrative Inspection Warrant
Exhibit IV, Designating the Building Official as Special Police Officer
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7-17
18-20
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Introduction
Building and property maintenance codes are technical codes that address many of the
health, safety, and aesthetic values of a city. Public officials often complain that
enforcement efforts are ineffective and take far too much time. The administration and
enforcement of these technical codes become difficult for a city. This report will outline
recommendations for enforcement of standards; codes and recommended inspection and
enforcement procedures; and recommended implementation provisions.
Legal Basis for Code Enforcement
Article II, Section 1, of the city charter outlines the city’s authority to develop, adopt, and
enforce building and property maintenance standards. Tennessee Code Annotated (TCA
6-54-502) authorizes any municipality to adopt by reference the provisions of any code or
portions of any code. Copies of referenced codes must be kept at the office of the city
recorder, penalties may not be adopted by reference, and the use of liens must follow
strict requirements of the law.
Recommendations
1. Adopt the International Property Maintenance Code, 2000 Edition.
2. Consolidate all building and property maintenance appeal boards into two appeal
boards: An appeal board for new construction and an appeal board for property
maintenance and existing structures.
3. Adopt inspection procedures for junked or inoperative vehicles and equipment;
dilapidated structures; grass, weeds, and noxious vegetation; and trash, junk and
other offensive accumulations.
4. Adopt a procedure for reviewing and amending the referenced codes.
5. When access for inspections is denied, use the provisions of TCA 68-120-117 to
obtain an administrative warrant for access.
6. Strictly follow the qualification requirements for appointments to the boards of
appeals.
7. Recognize that appeals should be based only upon a claim that the code has been
incorrectly interpreted; the provisions of the code do not fully apply; and the
requirements of the code are adequately satisfied by other means.
8. Follow the provisions of TCA 55-16-103 (1)(A) and (B) for the removal of
abandoned vehicles left on the public rights-of-ways.
9. Adopt a procedure for the recovery of costs where the city provides for repairs,
alterations, or abatement of code violations. Include the recording of all liens in a
book and a procedure for releasing the liens when the lien is satisfied.
10. The city council should develop and adopt policies, rules, regulations, procedures,
penalties, and let the building official, appeal boards, and the courts function.
Having said this, the board may want to convey to the building official how
aggressive it wants the program to be. Shall the inspector only respond to
complaints and requests? Shall the inspector survey and concentrate on strategic
areas within the city? The board should decide and convey this to the inspector
and the administration prior to any enforcement inspections and actions.
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11. Empower the building official to inspect, give an order, provide a notice, and
carry out the requirements of the notice to include alterations, repairs, demolition,
removal of vehicles, and clean up of property, which is in violation of the city
codes. Under this procedure, the inspector can give a notice for the demolition of
a dilapidated structure, follow the steps outlined in the code, and remove the
structure unless an appeal is made or a violator secures a court injunction to stop
the action. Following this procedure will minimize the time required for
compliance with code standards.
12. By Resolution designate the building inspector/fire inspector as a special police
officer for the issuance of a citation.
13. The city attorney should assist the inspector: a. At the inspector’s request. b.
When an attorney represents a violator, or c. When the action is appealed to a
court. Using the attorney, instead of the inspector, as the enforcer, will slow
down the enforcement and it may increase the city’s cost.
14. Cite violators of the codes that are not disposed of by the appeals boards, to city
court. If the city judge is unsuccessful in enforcing the codes, direct the city
attorney to file an action in chancery court requesting that the violations be
corrected. Use the police power of the city instead of lien procedures to enforce
city laws and standards relating to property maintenance.
15. Require the building official to maintain a spreadsheet outlining violations,
actions taken, time for compliance and completed notices. A copy of this report
should be presented to the chief administrative officer and the city council on a
monthly basis.
I.
II.
Inspection Procedures
Tall grass and weeds, brush, noxious vegetation. (a). Discuss the
violation and compliance requirements with the person violating the
International Property Maintenance Code, 2000 Edition. Give them a
reasonable time to correct the violation. (b). If the violation is not
corrected within the time allowed, issue an order and notice of
violation under the provisions of the International Property
Maintenance Code, 2000 Edition. Advise the violator of the time for
compliance and his right to appeal to the appeal board. (c). If the
violation is not corrected within the time given, issue a citation for the
violator to appear in city court to respond to the violation. An appeal
to the appeals board is not allowed after the citation to court is issued.
The violator may appeal the decision of the city judge to the
appropriate court. (d). Only mow or cut, and place a lien upon the
property when dealing with an absentee landowner who cannot be
issued a citation.
Inoperative vehicles and equipment (junked automobiles and
equipment)- (a). Discuss the violation and compliance requirements
with the person violating the International Property Maintenance
Code, 2000 Edition. Give them a reasonable time to correct the
violation. (b). If the violation is not corrected within the time allowed,
issue an order and notice of violation under the provisions of the
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III.
IV.
International Property Maintenance Code, 2000 Edition. Advise the
violator of the time for compliance and his right to appeal to the appeal
board. (c). If the violation is not corrected within the time given,
issue a citation for the violator to appear in city court to respond to the
violation. An appeal to the appeals board is not allowed after the
citation to court is issued. The violator may appeal the decision of the
city judge to the appropriate court. (d). If the city judge fines a
violator $50 per day of violation, the violator could reasonably be
expected to remove the vehicles and/or equipment. If the judge is
ineffective in enforcing the city’s standard, direct the city attorney to
initiate an action in chancery court to have the vehicles or equipment
removed. MTAS does not recommend that staff or contractors go
upon private property to seize vehicles and equipment without a court
order.
Trash, garbage, junk- (a). Discuss the violation and compliance
requirements with the person violating the International Property
Maintenance Code, 2000 Edition. Give them a reasonable time to
correct the violation. (b). If the violation is not corrected within the
time allowed, issue an order and notice of violation under the
provisions of the International Property Maintenance Code, 2000
Edition. Advise the violator of the time for compliance and his right to
appeal to the appeal board. (c). If the violation is not corrected within
the time given, issue a citation for the violator to appear in city court to
respond to the violation. An appeal to the appeals board is not allowed
after the citation to court is issued. The violator may appeal the
decision of the city judge to the appropriate court. (d). If the city
judge fines a violator $50 per day of violation, the violator may
reasonably be expected to remove the trash, garbage and junk. If the
judge is ineffective in enforcing the city’s standard, direct the city
attorney to initiate an action in chancery court to have the garbage,
trash, and junk removed.
Dilapidated structures- (a). Discuss the violation and compliance
requirements with the person violating the International Property
Maintenance Code, 2000 Edition. Give them a reasonable time to
correct the violation. (b). If the violation is not corrected within the
time allowed, issue an order and notice of violation under the
provisions of the International Property Maintenance Code, 2000
Edition. Advise the violator of the time for compliance and his right to
appeal to the appeals board. (c). If the violation is not corrected
within the time given, issue a citation for the violator to appear in city
court to respond to the violation. An appeal to the appeals board is not
allowed after the citation to court is issued. The violator may appeal
the decision of the city judge to the appropriate court. (d). If the city
judge fines a violator $50 per day of violation, the violator may
reasonably be expected to remove or repair the dilapidated structure.
If the judge is ineffective in enforcing the city’s standard, direct the
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V.
city attorney to initiate an action in chancery court to have the
structure demolished. (e). MTAS does not recommend that the city
repair, alter, or renovate a structure for compliance enforcement.
Recovery of costs, even with a lien, may be ineffective. The code
makes it unlawful to transfer ownership of property that has a notice of
violation posted on it.
Substandard construction (new construction)-(a). Discuss the
substandard violation with the builder and request that the violation be
corrected within a reasonable period of time. (b). If the violation is not
corrected within a reasonable time, follow the notice and order
procedure outlined in the Southern Standard Building Code. (c). Any
appeal is made to the appeal board for new construction.
Implementation Recommendations
1. Adoption of the International Property Maintenance Code, 2000 Edition.
(see Exhibit I)
2. Appointment of two appeals boards. (see Exhibit II)
3. Procedure to gain access for inspections on private property when an
administrative warrant is required. (see Exhibit III)
4. Adoption of an ordinance appointing the building official/fire inspector as
a special police officer for the purpose of issuing citations. (see Exhibit
IV)
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Exhibits
Exhibit I
Ordinance No.________
AN ORDINANCE ESTABLISHING THE MINIMUM REGULATIONS
GOVERNING THE CONDITIONS AND MAINTENANCE OF ALL PROPERTY,
BUILDINGS AND STRUCTURES; BY PROVIDING THE STANDARDS FOR
SUPPLIED UTILITIES AND FACILITIES AND OTHER PHYSICAL THINGS
AND CONDITIONS ESSENTIAL TO INSURE THAT STRUCTURES ARE SAFE,
SANITARY AND FIT FOR OCCUPATION AND USE; AND THE
CONDEMNATION OF BUILDINGS AND STRUCTURES UNFIT FOR HUMAN
OCCUPANCY AND USE AND THE DEMOLITION OF SUCH STRUCTURES;
KNOWN AS THE PROPERTY MAINTENANCE CODE.
BE IT ORDAINED by the City Council of the City of LaFollette as follows:
Section 1. Adoption of Property Maintenance Code. That a certain document, one
copy of which is on file in the office of the city recorder of the City of LaFollette, being
marked and designated as AThe International Property Maintenance Code,@ 2000
Edition, as published by the International Code Council, Inc., be and is hereby adopted
as the Property Maintenance Code of the City of LaFollette, in the State of Tennessee; for
the control of buildings and structures as herein provided; and each and all of the
regulations, provisions, penalties, conditions and terms of said Property Maintenance
Code are hereby referred to, adopted, and made a part thereof, as if fully set out in this
Ordinance, with the additions, insertions, deletions and changes, if any, prescribed in
Section 2 of this ordinance.
Section 2. The following sections are hereby revised:
Section 101.1. Insert: City of LaFollette.
Section 103.6. Insert: City of LaFollette Schedule of Fees.
Section 303.14. Insert: March 15 to October 15.
Section 602.3. Insert: September 15 to April 15.
Section 602.4. Insert: September 15 to April 15.
Section 3. Inconsistent Ordinances Repealed. All other ordinances or parts of
ordinances in conflict herewith are hereby repealed.
Section 4. Penalty Clause. Any person who shall violate a provision of the building and
property maintenance codes of the city, or fail to comply therewith, or with any of the
requirements thereof, shall be prosecuted within the limits provided by state or local
laws. Such fines shall be a $50.00 per day penal fine and $500 in remedial fines for each
violation, and shall hereafter be cited as the City of LaFollette general penalty clause.
Each day that a violation continues after due notice has been served shall be deemed a
separate offense.
Section 5. Saving Clause. That nothing in this ordinance or in the Property Maintenance
Code hereby adopted shall be construed to affect any suit or proceeding impending in any
court, or any rights acquired, or liability incurred, or any cause or causes of action
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acquired or existing, under any act or ordinance hereby repealed as cited in Section 2 of
this ordinance; nor shall any just or legal right or remedy of any character be lost,
impaired or affected by this ordinance.
Section 6. Date of Effect. That the city recorder shall certify to the adoption of this
ordinance, and cause the same to be published as required by law; and this ordinance
shall take effect and be in force from and after its approval as required by law.
Passed first reading__________________
Passed second reading________________
______________________________
Mayor
_________________________________
Attest: City Recorder
Approved as to form: City Attorney
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Exhibit II
Ordinance Number______________
AN ORDINANCE CREATING A BOARD OF ADJUSTMENTS AND APPEALS
FOR NEW CONSTRUCTION, A BOARD OF ADJUSTMENTS AND APPEALS
FOR PROPERTY MAINTENANCE; REPEALING PROVISIONS OF VARIOUS
BUILDING AND PROPERTY MAINTENANCE CODES; ADOPTING A
PROCEDURE FOR NOTIFICATION AND RECOVERY OF COSTS
ASSOCIATED WITH ALTERATION, REPAIR, AND DEMOLITION OF
STRUCTURES.
BE IT ORDAINED by the City Council of the City of LaFollette, Tennessee as follows:
Section 1. Definitions.
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Terms defined in other codes. Where terms are not defined in one municipal
code, but are defined in other municipal codes, such terms shall have the
meanings ascribed to them as in those codes.
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Terms not defined. Where terms are not defined through the methods authorized
by the codes, such terms shall have ordinarily accepted meanings such as the
context implies.
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Parts. Whenever the words Adwelling unit,@ Adwelling,@ premises,@
Abuildings,@ Arooming house,@ Arooming unit@ or Astory@ are stated in this
code, they shall be construed as though they were followed by the words Aor any
part thereof.@
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Code Official. Shall mean building inspector, code officer, code official, building
official, enforcement officer, or any officer designated by the city administrator to
enforce the municipal codes and standards.
Section 2. There is hereby created the following appeals boards:
City of LaFollette Board of Adjustments and Appeals for New Construction.
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The Board shall consist of a minimum of three members who are qualified by
experience and training to pass on matters pertaining to building construction,
maintenance and safety who are not employees of the city. The code official shall
be an ex-officio member but shall have no vote on any matter before the board.
The board shall be appointed by the city council, and shall serve staggered and
overlapping terms.
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The Board of Adjustments and Appeals For New Construction shall annually
select one of its members to serve as chairman.
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A member shall not hear an appeal in which that member has a personal,
professional or financial interest.
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The city administrator shall designate a qualified person to serve as secretary to
the board. The secretary shall file a detailed record of all proceedings in the
office of the city administrator.
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Compensation of members shall be determined by law.
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City of LaFollette Board of Adjustments and Appeals For Property Maintenance
The City Council of the City of LaFollette shall appoint a three member Board of
Adjustments and Appeals for Property Maintenance.
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The Board shall consist of a minimum of three members who are qualified by
experience and training to pass on matters pertaining to property maintenance and
who are not employees of the city. The code official shall be an ex-officio
member but shall have no vote on any matter before the board. The board shall
be appointed by the city council and shall serve staggered and overlapping terms.
The Board of Adjustments and Appeals For Property Maintenance shall annually
select one of its members to serve as chairman.
A member shall not hear an appeal in which that member has a personal,
professional or financial interest.
The city administrator shall designate a qualified person to serve as secretary to
the board. The secretary shall file a detailed record of all proceedings in the
office of the city administrator.
Compensation of members shall be determined by law.
Section 3. Means of Appeal-Board of Adjustments and Appeals For New Construction.
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Application for appeal. Any person directly affected by a decision of the code
official or a notice or order issued under the city building codes shall have the
right to appeal to the Board of Adjustments and Appeals For New Construction,
provided that a written application for appeal is filed within 20 days after the day
the decision, notice or order was served. An application for appeal shall be based
on a claim that the true intent of the code or the rules legally adopted thereunder
have been incorrectly interpreted, the provisions of this code do not fully apply, or
the requirements of the code are adequately satisfied by other means, or that the
strict application of any requirement of the code would cause an undue hardship.
Notice of meeting. The Board shall meet upon notice from the chairman, within
20 days of the filing of an appeal, or at stated periodic meetings.
Open hearing. All hearings before the board shall be open to the public. The
appellant, the appellant=s representative, the code official and any person whose
interests are affected shall be given an opportunity to be heard. A quorum shall
consist of not less than two-thirds of the board membership.
Procedure. The Board shall adopt and make available to the public through the
secretary procedures under which a hearing will be conducted. The procedures
shall not require compliance with strict rules of evidence, but shall mandate that
only relevant information be received.
Board decision. The Board shall modify or reverse the decision of the code
official only by a concurring vote of a majority of the total number of appointed
board members.
Records and copies. The decision of the Board shall be recorded. Copies shall
be furnished to the appellant and to the code official.
Administration. The code official shall take immediate action in accordance
with the decision of the board.
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Court review. Any person, whether or not a previous party of the appeal, shall
have the right to apply to the appropriate court for a writ of certiorari to correct
errors of law. Application for review shall be made in the manner and time
required by law following the filing of the decision in the office of the city
administrator.
Stays of enforcement. Appeals of notice and orders (other than imminent danger
notices) shall stay the enforcement of the notice and order until the appeal is heard
by the appeals board.
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Section 4. Means of Appeal-Board of Adjustments and Appeals For Property
Maintenance.
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Application for appeal. Any person directly affected by a decision of the code
official or a notice or order issued under the city property maintenance codes shall
have the right to appeal to the Board of Adjustments and Appeals For Property
Maintenance, provided that a written application for appeal is filed within 20 days
( 5 days for weeds and grass) after the day the decision, notice or order was
served. An application for appeal shall be based on a claim that the true intent of
the code or the rules legally adopted thereunder have been incorrectly interpreted,
the provisions of this code do not fully apply, or the requirements of the code are
adequately satisfied by other means, or that the strict application of any
requirement of the code would cause an undue hardship.
Notice of meeting. The Board shall meet upon notice from the chairman, within
20 days of the filing of an appeal, or at stated periodic meetings.
Open hearing. All hearings before the board shall be open to the public. The
appellant, the appellant=s representative, the code official and any person whose
interests are affected shall be given an opportunity to be heard. A quorum shall
consist of not less than two-thirds of the board membership.
Procedure. The Board shall adopt and make available to the public through the
secretary procedures under which a hearing will be conducted. The procedures
shall not require compliance with strict rules of evidence, but shall mandate that
only relevant information be received.
Board decision. The Board shall modify or reverse the decision of the code
official only by a concurring vote of a majority of the total number of appointed
board members.
Records and copies. The decision of the Board shall be recorded. Copies shall
be furnished to the appellant and to the code official.
Administration. The code official shall take immediate action in accordance
with the decision of the board.
Court review. Any person, whether or not a previous party of the appeal, shall
have the right to apply to the appropriate court for a writ of certiorari to correct
errors of law. Application for review shall be made in the manner and time
required by law following the filing of the decision in the office of the city
administrator.
Stays of enforcement. Appeals of notice and orders (other than imminent danger
notices) shall stay the enforcement of the notice and order until the appeal is heard
by the appeals board.
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Section 5. Appeal Board Designations.
The Board of Adjustments and Appeals For New Construction is hereby designated as
the Board of Adjustments and Appeals for the following codes:
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Standard Building Code
Standard Plumbing Code
Standard Gas Code
National Electric Code
National Fire Prevention Code
The Board of Adjustments and Appeals For Property Maintenance is hereby designated
as the Board of Adjustments and Appeals for the following codes:
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International Property Maintenance Code.
Chapter 1, miscellaneous regulations; Chapter 2, the slum
clearance code; and Chapter 3, the rubbish control code; under
Title 13 of the municipal code.
Section 6. The following provisions from codes adopted by reference are amended
as follows:
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Standard Building Code. Under Section 108, Construction Board of
Adjustments and Appeals as adopted by reference delete the following:
Subsections 108.1 Appointment; 108.2 Membership and Term; 108.4.3 Notice of
Appeal; 108.5.1 Rules and Regulations. Section 110 Violations and Penalties is
deleted and the City General Penalty Clause adopted by ordinance is hereby
inserted in Section 110 Violations and Penalties. Insert Section 2,AThere is
hereby created the following appeal board@ from the herein ordinance.
Standard Gas Code. Under Section 108 Construction Board of Adjustments and
Appeals adopted by reference delete the following: Subsection 108.1
Appointment; 108.2 Membership and terms; 108.4.3 Notice of Appeal; 108.5
Procedures of the Board. Section 110 Violations and Penalties is deleted and the
City=s General Penalty Clause is inserted. Insert Section 2,AThere is hereby
created the following appeal board@ from the herein ordinance.
Standard Plumbing Code. Delete Section 109 Means of Appeal in its entirety.
Delete Section 108.4 Violation Penalties and substitute the City=s General
Penalty Clause as adopted by ordinance. Insert Section 2,AThere is hereby
created the following appeal board@ from the herein ordinance.
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National Fire Prevention Code. Delete Section 105 Board of Adjustments and
Appeals in its entirety. Section 102.3 Unsafe Buildings is hereby amended by
deleting the following: AStandard Unsafe Building Abatement Code@ from the
last sentence and substitute the following: AInternational Property Maintenance
Code.@ Insert Section 2, AThere is hereby created the following appeal board@
from the herein ordinance.
Miscellaneous. Title 13. Property Maintenance Regulations, Chapter 1-Repeal Chapter 1
in its entirety
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Slum Clearance. Title 13 Slum Clearance. Under Section 13-204 of Chapter 2,
of the Municipal Code delete from line nine (9) the words Apublic officer (or his
designated agent)@ and substitute AThe City Board of Adjustments and Appeals
For Property Maintenance.@ Delete 13-203 “to be the city clerk”. This needs to
be the building official.
Junkyards. Title 13 Junkyards. Add a new section 13-302. Appeals. Any
appeals of this ordinance shall be appealed to the City Board of Adjustments and
Appeals for Property Maintenance as provided herein.
Section 7. Amendments to codes. Code amendments recommended by the respective
code associations shall be incorporated by reference as provided in the codes. The
building official may adopt administrative regulations which incorporate by reference
such subsequent changes and amendments thereof, properly identified as to date and
source, as may be adopted by the agency or association which promulgated the code.
Such amendment shall become effective upon the expiration of ninety (90) calendar days
or after the second official meeting of the municipal governing body following the
publication of the regulations, whichever is later, unless within that period of time a
resolution disapproving such administrative regulations has been adopted by the
municipal governing body.
Section 8. City Attorney. The city administrator is authorized to employ the city
attorney to assist the code official (building inspector, fire inspector, code enforcer, etc.)
in the enforcement of notices and orders of the appeals boards and the building official.
The city attorney may prosecute all persons failing to comply with the terms of the
notices and orders as provided for in various building and property maintenance codes
adopted by the city. The city administrator may direct that the city attorney appear at
hearings to assist the code official. The city attorney shall bring suit to collect all
municipal liens, assessments, or costs incurred by the city in repairing or causing to be
vacated or demolished as directed by the city building official. He shall take such other
legal action as is necessary to carry out the terms and provisions of the building and
property maintenance codes.
Section 9. Penalties. Any person who shall violate a provision of the building and
property maintenance codes of the city, or fail to comply therewith, or with any of the
requirements thereof, shall be prosecuted within the limits provided by state or local
laws. Such fines shall be $50.00 per day penal fines and $500 in remedial fines for each
violation, and shall hereafter be cited as the City of LaFollette general penalty clause.
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Each day that a violation continues after due notice has been served shall be deemed a
separate offense.
Section 10. Procedure and notification. The following procedure shall be used for
notifications of violations, notices, and orders of the building official or code official:
A. Grass, weeds, trash, brush. It shall be unlawful for any person to fail to comply
with an order by the code official to cut weeds and grass within five (5) days when it
has reached a height of over ten (10) inches.
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Notice to owner or to person or persons responsible. Whenever the code
official determines that there has been or has grounds to believe a violation has
occurred, notice shall be given to the owner or the person or persons responsible
therefore in the manner prescribed herein.
Failure to comply. If the property owner of record fails or refuses to mow the
grass or weeds as directed within five (5) days after receiving the notice, the code
officer shall immediately cause the condition to be remedied and the cost thereof
shall be assessed against the owner of the property. A 10% charge will be added
to cover administrative expenses. Upon the filing of the notice with the office of
the register of deeds in Campbell County, the costs shall be a lien on the property
in favor of the city, second only to liens of the state, county, and municipality 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 placed on the tax rolls of the
municipality as a lien and shall be added to property tax bills to be collected 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.
Form of notice. Such notice shall be in accordance with all of the following:
(1) Be in writing.
(2) Include a description of the real estate sufficient for
identification.
(3) Include a statement of the violation or violations and why the
notice is
being issued.
(4) Include a correction order allowing five (5) days time to bring
property to municipal standards.
(5) Inform the property owner of the right to appeal.
B. Junked vehicles on private property. It shall be unlawful for any person to fail to
comply with an order by the code official to remove junked and disabled vehicles
within five (5) days from the date the notice is received.
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Notice to owner or to person or persons responsible. Whenever the code
official determines that there has been or has grounds to believe a violation has
occurred, notice shall be given to the owner or the person or persons responsible
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therefore in the manner prescribed herein.
Failure to comply. If the property owner of record fails or refuses to remove the
junked or disabled vehicles within the time stated in the notice, the code officer
shall issue a citation for the accused violator to appear in city court to answer the
charges.
Form of notice. Such notice shall be in accordance with all of the following:
(1) Be in writing.
(2) Include a description of the real estate sufficient for
identification.
(3) Include a statement of the violation or violations and why the
notice is being issued.
(4) Include a correction order allowing five (5) days time to remove
the junked or disabled vehicle.
(5) Inform the property owner of the right to appeal.
In the event that a ruling does not appear to be in the city=s best interest, the city
administrator, at his discretion, may direct that an appeal be filed by the city attorney.
C. Building maintenance and structures.
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Whenever a petition is filed with the public officer by a public authority or by at
least five (5) residents of the city 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 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 courts of law or
equity shall not be controlling in hearings before the public officer.
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:
(a) 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
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(b) 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.
$
When the estimated cost of repair exceeds fifty percent (50%) in the judgment of
the code officer, and the owner insists on making repairs and improvements
instead of demolition, he shall submit plans and specifications by a licensed
architect or engineer for review and approval of the building official. The
building official may issue a permit and allow the repairs in compliance with city
standards.
If the owner fails to repair, alter, improve or to vacate and close the structure as
specified in the preceding sections hereof, the public officer may cause such
structure to be vacated and closed; and the public officer shall cause to be posted
on the main entrance of any dwelling so closed, a placard with the following
words: AThis building is unfit for human occupancy or use; the use or occupation
of this building for human occupancy or use is prohibited and unlawful.@ The
public officer may issue a citation for the owner to appear before the city court to
answer the complaint.
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. The public officer shall immediately file a lien for the recovery
of costs or the city attorney may be directed by the city administrator to initiate
legal proceedings for the recovery of cost.
Lien for expenses. The amount of the cost of such repairs, alterations or
improvements, or vacating and closing, or removal or demolition by the public
officer shall, upon the filing of the notice with the office of the register of deeds
of Campbell County, be a lien on the property in favor of the municipality, second
only to liens of the state, county and municipality for taxes, any lien of the
municipality 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 placed upon the tax rolls of the City of LaFollette as a
lien and shall be added to property tax bills to be collected 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. Nothing in this section shall be
construed to impair or limit in any way the power of the City of LaFollette to
define and declare nuisances and to cause their removal or abatement, by
summary proceedings or otherwise.
$
$
$
Section 11. Method of service. Notices shall be deemed to be properly served if a copy
thereof is:


Delivered personally;
Sent by certified or first-class mail addressed to the last known address; or
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

If the notice is returned showing that the letter was not delivered, a copy thereof
shall be posted in a conspicuous place in or about the structure affected by such
notice.
Whenever the code official has condemned a structure or equipment under the
provisions of the codes, notice shall in addition to the above outlined procedure,
also be posted in a conspicuous place in or about the structure affected by such
notice and served on the owner or the person or persons responsible for the
structure or equipment.
If the whereabouts of such person or persons is unknown and the same cannot be
ascertained by the public officer in the exercise of reasonable diligence, 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 city. 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 Campbell County, Tennessee, and such shall have
the same force and effect as other lis pendens notices provided by law.
Section 12. Clean-up or abatement at property owner=s expense. If the property
owner of record fails or refuses to remedy the condition within ten (10) days after
receiving the notice (twenty (20) days if the owner is a carrier engaged in the
transportation of property or is a utility transmitting communications, electricity, gas,
liquids, steam, sewage, or other materials), the code official shall immediately cause the
condition to be remedied or removed at a cost in conformity with reasonable standards,
and the cost thereof shall be assessed against the owner of the property. A 10% charge
will be added to cover administrative expenses.
Section13. Abatement cost recovery. Whenever an abatement is performed at the
expense of the city, a statement shall be mailed to the registered owners outlining the cost
of remediation and such cost shall be due and payable within thirty days. The city may at
its discretion cause a lien to be placed upon the property at the same time of billing. A
copy of the statement shall be provided to the city recorder and such shall be recorded as
an account receivable on the books of the city. All payments shall be directed to the city
recorder for proper entry. The city administrator may direct the city attorney to take legal
action to recover costs.
Section 14. Lien for expenses. The amount of the cost of repairs, alterations or
improvements, or vacating and closing, or removal or demolition by the public officer
shall, upon the filing of the notice with the office of the register of deeds of Campbell
County, be a lien on the property in favor of the municipality, second only to liens of the
state, county and municipality for taxes, any lien of the municipality 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 placed upon the
tax rolls of the City of LaFollette as a lien and shall be added to property tax bills to be
collected 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
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and interest as delinquent property taxes. If the structure is removed or demolished by
the public officer and the materials in his judgment have any significant market value, 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 Campbell County by the public officer, shall be secured in such manner
as may be directed by such court, and shall be disbursed by such court provided,
however, that nothing in this section shall be construed to impair or limit in any way the
power of the City of LaFollette to define and declare nuisances and to cause their
removal or abatement, by summary proceedings or otherwise.
The city recorder shall maintain a record of liens that indicate the date and nature of the
lien, the amount of the lien, and the date the lien is released. The code official shall assist
the recorder in maintaining the record. The building official shall be responsible for
notifying the recorder of all liens filed. It is critical that satisfied liens are promptly and
properly released.
Section 15. Transfer of ownership. It shall be unlawful for the owner of any dwelling
unit or structure who has received a compliance order or upon whom a notice of violation
has been served to sell, transfer, mortgage, lease or otherwise dispose of such dwelling
unit or structure to another until the provisions of the compliance order or notice of
violation have been complied with, or until such owner shall first furnish the grantee,
transferee, mortgagee or lessee a true copy of any compliance order or notice of violation
issued by the code official and shall furnish to the code official a signed and notarized
statement from the grantee, transferee, mortgagee or lessee, acknowledging the receipt of
such compliance order or notice of violation and fully accepting the responsibility
without condition for making the corrections or repairs required by such compliance
order or notice of violation.
Section 16. Inconsistent Ordinances Repealed. All other ordinances or parts of
ordinances in conflict herewith are hereby repealed.
Section 17. Supplemental nature of this ordinance. The provisions of this ordinance
are in addition and supplemental to, and not in substitution for, any other provision in the
municipal charter, the municipal code of ordinances or other applicable law which
permits the city to proceed against an owner, tenant or occupant of property who is in
violation of municipal codes.
Section 18. Saving Clause. That nothing in this ordinance or in the Property
Maintenance Code hereby adopted shall be construed to affect any suit or proceeding
impending in any court, or any rights acquired, or liability incurred, or any cause or
causes of action acquired or existing, under any act or ordinance hereby repealed as cited
in Section 2 of this ordinance; nor shall any just or legal right or remedy of any character
be lost, impaired or affected by this ordinance.
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Section 19. Date of Effect. That the city recorder shall certify to the adoption of this
ordinance, and cause the same to be published as required by law; and this ordinance
shall take effect and be in force from and after its approval as required by law.
Passed first reading__________________
Passed second reading________________
________________________
Mayor
___________________________________
Attest: City Recorder
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Exhibit III
ADMINISTRATIVE INSPECTION WARRANT
State of Tennessee
City of _______
To Building Official of the __(city)________________State of Tennessee:
Proof by:
(1) affidavit having been made before me by __(name of city and building
official)__________that there is probable and reasonable cause, pursuant to
Public Chapter 326 of the State of Tennessee, to believe that violations of the
(list ordinances violated, either by general title or code number:
_________________
of the ___(city)______________ exist;
(2) Tennessee Code Annotated 68-120-113 authorizes cities to conduct inspections;
(3) A reasonable description of the property and items to be inspected_____________
(4) Purpose(s) of the
inspection____________________________________________
__________________________________________________________________
(5) Other requirements of particularity required by the constitutions of the United
States and the State of Tennessee, regarding administrative inspections:
You are therefore hereby commanded to make immediate inspection of said
premises, the same being located in ___(city)_____________, including all of the
buildings and outbuildings found on the premises; and I hereby certify that I signed
and delivered this inspection warrant for execution
to_________________________________________________at ____o=clock, __m., on
this the _____day of________________,20___.
Judge of the City Court
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OFFICER=S RETURN
STATE OF TENNESSEE
(CITY)
The within warrant came to hand, and executed ________________________________________
On this____day of____________, 20________
inspecting the premises herein described,
and finding therein the violations named
below:
The (City) of________________
____________________________________
VS.
____________________________________ ________________________________________
____________________________________ ________________________________________
___________________________________ ________________________________________
___________________________________ ________________________________________
___________________________________ ________________________________________
___________________________________ ________________________________________
___________________________________ ________________________________________
Building Official of the (City) of____ ________________________________________
____________________________________ Affidavit and Inspection Warrant for
Violations of the ordinances of the
JUDGMENT
City of __________________
ON INSPECTION WARRANT:
Due and proper return having been made of the
Inspection warrant, and the within warrant,
Affidavit and return shall be filed in the office
of the __(city)_____clerk for (city)
___________________________________
This____day of__________, 20___.
Judge of City Court
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AFFIDAVIT
State of Tennessee
(City)
Personally appeared before me,_____________________________
Judge of the (city court), the undersigned_____________________and made oath in
due form of law that there is probable and reasonable cause to believe that
violations of the ordinances of the city exist on the premises at:
said violations believed to exist are as follows: (list ordinances violated,
either by general title or code number)
This affidavit is made (from the personal observation and knowledge of affiant)
(upon information received by affiant which affiant verily believes to be true) as
follows:
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
(Signature of Affiant)
Sworn to and subscribed before me this_____day of___________, 20___.
Judge of the City Court
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Exhibit IV
RESOLUTION NUMBER________
A RESOLUTION DESIGNATING THE BUILDING OFFICIAL AND THE FIRE
INSPECTOR AS A SPECIAL POLICE OFFICER FOR BUILDING AND
PROPERTY MAINTENANCE ENFORCEMENT
Whereas, the building official and fire inspector of the City of Lafollette are charged
with enforcement of the various building and property maintenance codes of the city, and
Whereas, the building official and fire inspector do not now have the necessary authority
to cite offenders to city court, and
Whereas, the city desires that the building official have the authority to cite offenders to
city court;
Therefore, Be It Resolved by the City Council of the City of LaFollette, Tennessee as
follows:
Section 1. The city building official and fire inspector are hereby designated as special
police officers for purposes of enforcement of building codes and fire codes violations.
Section 2. The building official and fire inspector are authorized to issue a citation or
complaint for offenses relating to code violations under provisions of Tennessee Code
Annotated §7-63-101, it being in the public interest that violators be brought before the
city court for enforcement action.
Section 3. As a matter of local policy, when an offender refuses to accept a citation, the
building official or fire inspector will call a police officer to affect an arrest for refusing
to accept the citation.
Section 4. This Resolution shall take effect immediately upon its passage the public
welfare requiring.
This Resolution passed this_________day of __________, 2004.
_______________________________________ ______________________________
Mayor
Attest: City Recorder
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