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 six
(6) 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. (1972 Code, § 8-711)
13-4
CHAPTER 3
ABANDONED, WRECKED, DISMANTLED OR INOPERATIVE VEHICLES
SECTION
13-301. Definitions.
13-302. Storing, parking or leaving dismantled or other such motor vehicle
prohibited and declared nuisance; exceptions.
13-303. Notice to remove.
13-304. Responsibility for removal.
13-305. Notice procedure.
13-306. Content of notice.
13-307. Request for hearing.
13-308. Procedure for hearing.
13-309. Penalty.
13-301. Definitions. For the purposes of this chapter, the following terms,
phrases, words, and their derivations shall have the meaning given herein.
When not inconsistent with the context, words used in the present tense include
the future, words in the plural number include the singular number and words
in the singular number include the plural number. The word "shall" is always
mandatory and not merely directory.
(1) "Town" is the Town of Decherd.
(2) "Mayor" is the Mayor of the Town of Decherd.
(3) "City recorder" or "city administrator" of the town who performs all
the administrative duties for the town council.
(4) "Motor vehicle" is any vehicle which is self-propelled and designed
to travel along the ground and shall include, but not be limited to, automobiles,
buses, motorbikes, motorcycles, motorscooters, trucks, tractors, riding lawn
mowers, go-carts, golf carts, campers and trailers.
(5) "Junked motor vehicle" is any motor vehicle, as defined by
§ 13-301(4), which does not have lawfully affixed thereto an unexpired license
plate or the condition of which is wrecked, dismantled, partially dismantled,
inoperative, abandoned or discarded.
(6) "Person" shall mean any person, firm, partnership, association,
corporation, company or organization of any kind.
(7) "Private property" shall mean any real property within the town
which is privately owned and which is not public property as defined in the
section.
(8) "Public property" shall mean any street or highway which shall
include the entire width between the boundary lines of every way publicly
maintained for the purposes of vehicular travel, and shall also mean any other
publicly owned property or facility. (Ord. #162, Nov. 1991)
13-5
13-302. Storing, parking or leaving dismantled or other such motor
vehicle prohibited and declared nuisance; exceptions. No person shall park,
store, leave, or permit the parking storing, or leaving of any motor vehicle of any
kind which is in an abandoned, wrecked, dismantled, inoperative, rusted, junked
or partially dismantled condition, whether attended or not, upon any public or
private property within the town for a period of time in excess of seventy-two
(72) hours. The presence of an abandoned, wrecked, dismantled, inoperative,
rusted, junked or partially dismantled vehicle or parts thereof, on private or
public property is hereby declared a public nuisance which may be abated as
such in accordance with the provisions of this chapter. (Ord. #162, Nov. 1991)
13-303. Notice to remove. Whenever it comes to the attention of the
mayor, board, city recorder or city administrator that any nuisance as defined
in § 13-302 of this code of ordinances exists in the Town of Decherd, Tennessee,
a notice in writing shall be served upon the occupant of the land where the
nuisance exists, or in case there is no such occupant, then upon the owner of the
property or his agent, notifying them of the existence of the nuisance and
requesting its removal in the time specified in this chapter. (Ord. #162, Nov.
1991)
13-304. Responsibility for removal. Upon proper notice and opportunity
to be heard, the owner of the abandoned, wrecked, dismantled, or inoperative
vehicle and the owner or occupant of the private property on which the same is
located, either or all of them, shall be responsible for its removal. (Ord. #162,
Nov. 1991)
13-305. Notice procedure. The mayor, city recorder or city administrator
shall give notice of removal to the owner or occupant of the private property
where it is located, at least thirty (30) days before the time of compliance. It
shall constitute sufficient notice, for the purpose of this section, written
notification upon placing a letter, postage prepaid, in the United States mail.
(Ord. #162, Nov. 1991)
13-306. Content of notice. The notice shall contain the request for
removal within the time specified in this chapter, and the notice shall advise
that upon failure to comply with the notice to remove, the town or its designee
shall undertake action against the owner or occupant of the property. (Ord.
#162, Nov. 1991)
13-307. Request for hearing. The persons to whom the notices are
directed, or their duly authorized agents, may file a written request for a
hearing before the municipal/city judge of the Town of Decherd, or its designee
within the thirty (30) day period of compliance prescribed in § 13-305, for the
purpose of defending the charges by the town. (Ord. #162, Nov. 1991)
13-6
13-308. Procedure for hearing. The hearing shall be held as soon as
practicable after the filing of the request and the persons to whom the notices
are directed shall be advised of the time and place of said hearing at least fifteen
(15) days in advance thereof. At any such hearing, the town and the persons to
whom the notices have been directed may introduce such witnesses and evidence
as either party deems necessary. (Ord. #162, Nov. 1991)
13-309. Penalty. Any person violating any of the provisions of this
chapter shall be guilty of a misdemeanor, and upon conviction, shall be subject
to punishment in accordance with the general penalty provisions of this code not
to exceed fifty dollars ($50.00) per offense. Each day the property of an owner
or occupant remains in violation of these sections constitutes a separate and
distinct offense, and the provisions of this § 13-309 can be invoked daily in event
of a continuing violation without necessity of a second written notification or
appearance before the mayor, city recorder or city administrator or its designee.
(Ord. #162, Nov. 1991)
13-7
SECTION
13-401. Findings of board.
13-402. Definitions.
13-403. "Public officer" designated; powers.
13-404. Initiation of proceedings; hearings.
13-405. Orders to owners of unfit structures.
13-406. When public officer may repair, etc.
13-407. When public officer may remove or demolish.
13-408. Lien for expenses; sale of salvaged materials; other powers not
limited.
13-409. Basis for a finding of unfitness.
13-410. Service of complaints or orders.
13-411. Enjoining enforcement of orders.
13-412. Additional powers of public officer.
13-413. Powers conferred are supplemental.
13-414. Structures unfit for human habitation deemed unlawful.
13-401. Findings of board. Pursuant to Tennessee Code Annotated,
§ 13-21-101, et seq., the city council finds that there exists in the city 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 city.
13-402. Definitions. (1) "Municipality" shall mean the City of Decherd,
Tennessee, and the areas encompassed within existing city limits or as hereafter
annexed.
(2) "Governing body" shall mean the city council charged with
governing the city.
(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 city or
13-8
state relating to health, fire, building regulations, or other activities concerning
structures in the city.
(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 so used, and includes any
outhouses and appurtenances belonging thereto or usually enjoyed therewith.
13-403. "Public officer" designated; powers. There is hereby designated
and appointed a "public officer," to be the building inspector of the city, to
exercise the powers prescribed by this chapter, which powers shall be
supplemental to all others held by the building inspector.
13-404. 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
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 (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 courts of law or equity shall not be controlling in hearings before
the public officer.
13-405. 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: (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 (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
13-9
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.
13-406. 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 vacated and closed; and
the public officer may cause 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."
13-407. 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.
13-408. 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
assessed against the owner of the property, and shall upon the filing of the
notice with the office of the register of deeds of Franklin 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
collected by the municipal tax collector or county trustee 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. In addition, the municipality may
collect the costs assessed against the owner through an action for debt filed in
any court of competent jurisdiction. The municipality may bring one action for
debt against more than one or all of the owners of properties against whom said
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. 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 Franklin 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 Decherd to define and declare
nuisances and to cause their removal or abatement, by summary proceedings or
otherwise.
13-10
13-409. 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 City of Decherd; 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.
13-410. 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 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 Franklin County, Tennessee, and
such filing shall have the same force and effect as other lis pendens notices
provided by law.
13-411. Enjoining enforcement of orders. 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.
13-412. 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 city in order to
determine which structures therein are unfit for human occupation or use;
13-11
(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.
13-413. Powers conferred are supplemental. This chapter shall not be
construed to abrogate or impair the powers of the city 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.
13-414. Structures unfit for human habitation deemed unlawful. It shall
be unlawful for any owner of record to create, maintain or permit to be
maintained in the city 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 city.
Violations of this section shall subject the offender to a penalty of up to
five hundred dollars ($500) for each offense. Each day a violation is allowed to
continue shall constitute a separate offense.