Tenn. Code Ann TENNESSEE CODE ANNOTATED 2011 by The State of Tennessee All rights reserved *** CURRENT THROUGH THE 2011 REGULAR SESSION ***

Similar documents
As Introduced. 132nd General Assembly Regular Session H. B. No

ORDINANCE #1324 NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF NEW CARLISLE THAT:

NESCOPECK TOWNSHIP LUZERNE COUNTY, PENNSYLVANIA

Vacant Building Registration

TITLE 13 PROPERTY MAINTENANCE REGULATIONS 1 CHAPTER 1 OVERGROWN AND DIRTY LOTS

160A-439. Ordinance authorized as to repair, closing, and demolition of nonresidential buildings or structures; order of public officer.

ABANDONED RESIDENTIAL BUILDING:

A. Declaration Of Policy: The purpose of this section is to protect the public health, safety, and welfare by enactment of this section which:

ORDINANCE NO 100 CITY OF PATTISON, TEXAS SUBSTANDARD BUILDING ORDINANCE

ORDINANCE NO: AN ORDINANCE TO VACATE, REPAIR, OR DEMOLISH UNSAFE STRUCTURES

CHAPTER 4 BUILDINGS PART 1 DANGEROUS STRUCTURES PART 2 NUMBERING OF BUILDINGS PART 3 OCCUPANCY OF BUILDINGS

O.C.G.A GEORGIA CODE Copyright 2013 by The State of Georgia All rights reserved. *** Current Through the 2013 Regular Session ***

TITLE 13 PROPERTY MAINTENANCE REGULATIONS 1 CHAPTER 1 MISCELLANEOUS

VACANT BUILDING MAINTENANCE LICENSE RESOLUTION

Proposed: 9/17/2018. By Council Member

Chapter 160A - Article 19

Chapter 8 Buildings and Building Regulations Article VIII. Dilapidated Housing and Nuisance Abatement. Sec Nuisance abatement procedures.

BYLAWS OF WOODBRIDGE PARK PROPERTY OWNERS ASSOCIATION, INC., A NORTH CAROLINA NON-PROFIT CORPORATION

Livingston County Public Nuisance Abatement Order 11812

CHAPTER 10. BUILDINGS. 1. Article I. In General.

CHAPTER DANGEROUS BUILDINGS

Chapter 505 DANGEROUS BUILDINGS OR STRUCTURES. Section Purpose. [R.O ; CC ; Ord. No. A , ]

DANGEROUS BUILDINGS ORDINANCE

YUROK TRIBE UNLAWFUL DETAINER ORDINANCE

CHAPTER 158: VACANT BUILDINGS

BYLAWS OF ISLANDER HOMEOWNERS ASSOCIATION, INC. A North Carolina Nonprofit Corporation Under the Laws of the State of North Carolina

BYLAWS OF ADOBE RANCH ACRES HOMEOWNERS ASSOCIATION a Texas Non-Profit Corporation

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2011 SENATE BILL 42 RATIFIED BILL

REGISTRATION / RENEWAL FORM FOR VACANT AND ABANDONED PROPERTIES NEW UPDATE RENEWAL

CHAPTER 3C UNSAFE BUILDINGS - PUBLIC NUISANCE

IC Chapter 6. Enforcement of Ordinances

Declaration of. Squire Oak Homeowners Association, Inc.

DESOTO COUNTY, FLORIDA. ORDINANCE No

Article 12.0 Violations, Penalties and Enforcement

[First Reprint] ASSEMBLY, No STATE OF NEW JERSEY. 217th LEGISLATURE INTRODUCED MAY 26, 2016

BYLAWS OF HEATHER CREEK HOMEOWNERS ASSOCIATION A Nonstock, Nonprofit Michigan Corporation

IC Chapter 11. Historic Preservation Generally

CUMBERLAND COVE PROPERTY OWNERS' ASSOCIATION INC.

ARKANSAS ANNEXATION LAW DRAFT #4 (1/1/2013) Subchapter 1 General Provisions [Reserved]

CHAPTER 6 BUILDINGS ARTICLE I - UNSAFE BUILDINGS

City of Saint Louis ARTICLE V. DANGEROUS BUILDINGS* Sec Dangerous building defined.

CITY OF BONITA SPRINGS, FLORIDA BONITA SPRINGS ORDINANCE NO

West Virginia Manufactured Housing Construction Safety Standards Act. Chapter 21, Article 9 Code of West Virginia and Legislative Rule

THE TOWN OF DEERPARK, ORANGE COUNTY, NEW YORK LOCAL LAW NO. 2 OF 2011

UNSAFE STRUCTURES AND PROPERTIES ORDINANCE OF THE VILLAGE OF FLAT ROCK, NORTH CAROLINA

I. Mortgaging of Trust or Restricted Land

BY- LAWS OF EAGLE ROOST MANAGEMENT, INC.

ORDINANCE NO. 725 (AS AMENDED THROUGH 725

BY-LAWS OF THE WOODED RIDGE TOWNHOUSE ASSOCIATION, INC.

(Ord. No , 2, )

(4) The property has been determined to be a nuisance by the zoning officer in accordance with Section 5 of P.L.2003, c. 210 (N.J.S.A. 55:19-82).

AMENDED AND RESTATED BYLAWS OF CROSS POINTE HOMEOWNERS ASSOCIATION OF PINELLAS, INC.

BYLAWS OF THE VILLAGE GREEN OWNERS ASSOCIATION A CALIFORNIA MUTUAL BENEFIT CORPORATION Revised April 28, 2015 ARTICLE I OFFICES

Legal Tools. To Help Keep A City Clean

ORDINANCE NO NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS:

ARTICLE VII ADMINISTRATION AND ENFORCEMENT

CHAPTER 34 NUISANCES ARTICLE I. - IN GENERAL ARTICLE II. - GENERAL NUISANCE ABATEMENT PROCEDURE

CHAPTER 8 BUILDINGS AND OTHER CONSTRUCTION AND BUILDING SERVICES

ORDINANCE N REGULATIONS ADDING ARTICLE XV VACANT PROPERTIES OF THE MUNICIPAL CODE OF THE VILLAGE OF GLENVIEW

BYLAWS OF THE PATIOS AT WILDWING HOMEOWNERS ASSOCIATION ARTICLE I. NAME ARTICLE II. PURPOSE AND DEFINITIONS

The Board of Supervisors of the County of Riverside, State of California, ordains as follows:

DESOTO COUNTY, FLORIDA. ORDINANCE No

ARTICLE I th Ave. S.E. Bellevue, Washington

BYLAWS ARTICLE I. CREATION AND APPLICATION

TITLE III - LAND USE AND DEVELOPMENT DIVISION 5 PUBLIC NUISANCES, ABATEMENT AND PENALTIES CHAPTER 1 PUBLIC NUISANCES ABATEMENT PROCEDURE

Recorded as an attachment to the CCRs beginning at page 1690 BYLAWS OF THE HOMEOWNERS' ASSOCIATION OF DEERFIELD, INC.

NC General Statutes - Chapter 44A Article 2 1

The Board of Supervisors of the County of Riverside, State of California, do ordain as follows:

This matter came on for court trial before the Honorable Mark A. Labine, Referee of District Court, on December 13, 2017.

BYLAWS OF TWO RIVERS HOMEOWNERS ASSOCIATION

BY-LAWS BRITTANY PLACE HOMEOWNERS ASSOCIATION, INC

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2013 H 3 HOUSE BILL 488 Committee Substitute Favorable 4/9/13 Third Edition Engrossed 4/11/13

COMMONWEALTH OF KENTUCKY MASON FISCAL COURT ORDINANCE NO. 17- and KRS to enact ordinances to cause the abatement of nuisances; and,

BYLAWS. of the VINEYARDS HOMEOWNERS ASSOCIATION, INC.

ARIZONA REVISED STATUTES TITLE 33. PROPERTY CHAPTER 3. LANDLORD AND TENANT

O.C.G.A GEORGIA CODE Copyright 2013 by The State of Georgia All rights reserved. *** Current Through the 2013 Regular Session ***

TOWNSHIP OF TABERNACLE ORDINANCE

SENATE FILE NO. SF0132. Sponsored by: Senator(s) Scott and Representative(s) Stubson and Walters A BILL. for

CHAPTER 19 FAIR HOUSING

WOODFIELD COMMUNITY ASSOCIATION, INC.

AMENDED & RESTATED BYLAWS PHEASANTS HOLLOW HOMEOWNERS ASSOCIATION ARTICLE I. Name and Location. P. O. Box Kent, WA ARTICLE II

IC Application of chapter Sec. 1. This chapter applies to all municipalities. As added by Acts 1981, P.L.309, SEC.96.

Colorado Landlord Tenant Law SECURITY DEPOSITS - WRONGFUL WITHHOLDING

Req. # Amended ORDINANCE NO

IC Chapter 3. Mechanic's Liens

BYLAWS OF THE HAMLET AT CASTLE PINES NORTH HOMEOWNERS ASSOCIATION, INC.

The name of the organization shall be The Huntington at the Mall Owners Association, Inc. ARTICLE 1 PURPOSE AND PARTIES

BY-LAWS OF OAKWOOD PARK HOMOWNER S ASSOCIATION

TOWN OF PITTSFORD, NEW YORK Municipal Town Code. Chapter 66 Buildings and Property Maintenance (Adopted as Local Law #7 of 2014 on July 15, 2014

Page 1 of 9 CALIFORNIA GOVERNMENT CODE. TITLE 5. DIVISION 2. PART 1. CHAPTER 4. - ARTICLE 2. Deposit of Funds [ ]

ORDINANCE NO

Session of SENATE BILL No. 31. By Committee on Ethics, Elections and Local Government 1-17

COOPERATIVE DEVELOPMENT AGREEMENT RECITALS

PORTIONS OF ILLINOIS FORCIBLE ENTRY AND DETAINER ACT 735 ILCS 5/9-101 et. seq.

NC General Statutes - Chapter 160A Article 22 1

CHARTER TOWNSHIP OF RUTLAND BARRY COUNTY, MICHIGAN ORDINANCE NO RUTLAND CHARTER TOWNSHIP DANGEROUS BUILDINGS ORDINANCE

Schilling Farms Residential Owners Association, Inc. By-Laws. Disclaimer

AMENDED BYLAWS OF FOUNTAIN VALLEY RANCH FILING NO. 6 & 3B HOMEOWNERS ASSOCIATION, INC. ARTICLE I OBJECT (Plan of Ownership)

COUNTY COUNCIL OF CECIL COUNTY, MARYLAND LEGISLATIVE SESSION DAY BILL NO

Title 14: COURT PROCEDURE -- CIVIL

Transcription:

13-6-101. Short title. Tenn. Code Ann. 13-6-101 TENNESSEE CODE ANNOTATED 2011 by The State of Tennessee All rights reserved *** CURRENT THROUGH THE 2011 REGULAR SESSION *** Title 13 Public Planning And Housing Chapter 6 Neighborhood Preservation Act Tenn. Code Ann. 13-6-101 (2011) This chapter shall be known and may be cited as the "Neighborhood Preservation Act." 13-6-102. Chapter definitions. As used in this chapter, unless the context otherwise requires: (1) "Abate" or "abatement" in connection with any building means the removal or correction of any conditions that constitute a public nuisance and the making of any other improvements that are needed to effect a rehabilitation of the building that is consistent with maintaining safe and habitable conditions over its remaining useful life; (2) "Building" means any building or structure that is not occupied by any owner, tenants or residents; (3) "Dwelling unit" means a structure or the part of a structure that is used as a home, residence, or sleeping place by one (1) person who maintains a household or by two (2) or more persons who maintain a common household; (4) "Interested party," for purposes of 13-6-106(g) only, means any owner, mortgagee, lien holder or person that possesses an interest of record in any property that becomes subject to the jurisdiction of a court pursuant to this chapter; (5) "Municipal corporation" means any incorporated city, town or county in this state, including any county having a metropolitan form of government, and as further defined by the population restrictions set forth 13-6-105; (6) "Nonprofit corporation" means any nonprofit corporation that has been duly organized under the laws of this state, and has as one (1) of its goals community development or redevelopment; (7) "Owner" means one (1) or more persons, jointly or severally, in whom is vested: (A) All or part of the legal title to property; or (B) All or part of the beneficial ownership and a right to the present use and enjoyment of the premises;

(8) "Public nuisance" means any vacant building that is a menace to the public health, welfare, or safety; structurally unsafe, unsanitary, or not provided with adequate safe egress; that constitutes a fire hazard, dangerous to human life, or no longer fit and habitable; a nuisance as defined in 29-3-101; or is otherwise determined by the court, the local municipal corporation or code enforcement entity to be as such; (9) (A) "Receiver" means either a municipal corporation or a nonprofit corporation that agrees to be appointed by the court for the purpose of preserving or improving the property of another. Any nonprofit corporation so appointed shall first be certified as an eligible receiver by the court, the municipal corporation, or the code enforcement entity where the building is located. The certification of a nonprofit corporation shall be issued upon receipt of the following: (i) An external verification of nonprofit status; (ii) The nonprofit corporation's articles of incorporation or bylaws evidencing community development or redevelopment is a part of the mission; (iii) Evidence of financial capacity to carry out a community development or redevelopment project, including audited financial statements of the organization for the past five (5) years, where applicable; (iv) The organization's formal conflict of interest policy governing both the staff and the board of directors; and (v) Evidence of the administrative capacity to successfully undertake a community development or redevelopment project; (B) A receiver appointed pursuant to this subdivision (9) is not personally liable except for misfeasance, malfeasance, or nonfeasance in the performance of the functions of the office; (10) "Residential property" means a dwelling unit which is owner-occupied and is the owner's principal place of residence; and (11) "Residential rental property" means a building or structure consisting of one (1) or two (2) dwelling units. 13-6-103. Maintenance at level of community standards. (a) The owner of residential rental property or an unoccupied residence shall be required to maintain the exterior of such property and the lot on which the residential rental property or unoccupied residence is located at a level which is no less than the community standards of the residential property in the area. (b) It is prima facie evidence that the residential rental property or unoccupied residence is not maintained at the community standards of the residential property in the area if the owner of such residential rental property or unoccupied residence has been cited for three (3) or more separate violations of local building and construction codes or property standards governing residential property within a one-year period and the owner has not

brought the property into compliance with such building and construction codes or property standards within such period. 13-6-104. Action for damages for failure to maintain property -- Measure of damages. (a) An owner of residential property affected by residential rental property or an unoccupied residence not maintained to community standards of residential property in the area may bring an action for damages against the owner of such residential rental property or unoccupied residence for failure to maintain the property in the manner required by 13-6-103; provided, however, that a showing by the owner of the residential rental property or unoccupied residence that the failure to maintain the property is due to an act of nature, serious illness, or a legal barrier shall constitute a defense to any cause of action brought under this section. (b) The measure of damages shall be the difference between the value of the owner's residential property if the residential rental property or unoccupied residence were maintained at the community standards of the residential property in the area and the value of the owner's residential property because the residential rental property or unoccupied residence is not maintained at such community standards. (c) As proof of the value of the owner's residential property, the plaintiff shall submit to the court two (2) independent appraisals. (d) Upon a finding by the court that an owner of residential rental property or unoccupied residence has failed to maintain the property in the manner required by 13-6-103, the court may award to the person bringing an action under this chapter reasonable attorney's fees and costs. 13-6-105. Application. This chapter shall only apply in any county having a metropolitan form of government which has a population in excess of five hundred thousand (500,000), or in any county having a population in excess of eight hundred thousand (800,000), according to the 2000 federal census or any subsequent federal census. 13-6-106. Civil action to enforce compliance -- Draft order of compliance. (a) Any nonprofit corporation as defined in 13-6-102, or any interested party or neighbor, may bring a civil action to enforce any local building, housing, air pollution, sanitation, health, fire, zoning, or safety code, ordinance, or regulation applicable to buildings against the owner of any building or structure that is not occupied by any owner, tenants or residents for failure to comply with that ordinance or regulation. If the petitioner has not attached a certificate of public nuisance to the complaint, the court, by written notice to the chief housing officer and the chief legal officer of the municipal corporation, may request that the code enforcement entity complete its inspection and issue a certificate of public nuisance or denial including a list of the reasons for the determination within thirty

(30) calendar days. If the code enforcement entity fails to respond within thirty (30) calendar days of written notice, or if the code enforcement entity denies the issuance of certificate of public nuisance, then the court shall schedule a hearing requesting that the code enforcement entity be present, with its findings, and participate in the hearing of the issue of public nuisance. At the conclusion of the hearing of the issue of public nuisance, the court shall determine whether or not the issuance of a certificate of public nuisance is warranted. (b) The complaint shall include a draft order of compliance setting forth the relief requested as described in this section, and may request the appointment of a receiver if the order of compliance is not successful. (c) In the civil action, notice shall comply with Tennessee Rules of Civil Procedure, Rule 4. Additionally, notice shall require that a copy of the complaint be posted in a conspicuous place on the building and that the complaint be published in the local paper. (d) The court shall conduct a hearing in a timely manner at least twenty-eight (28) calendar days but no later than sixty (60) calendar days after all notice provisions of this section have been satisfied, including that the owner of the building has been served with a copy of the complaint and the notice of the date and time of the hearing. (e) The action will be dismissed if the building is not certified as a public nuisance by the municipal corporation or code enforcement entity where the building is located or by the court. If the owner can establish the grounds as set forth in 13-6-104, it shall constitute a complete defense to any cause of action brought under this section. (f) If the owner cannot establish a complete defense, the court may issue an order of compliance requiring the owner of the building to produce a development plan for the abatement of the public nuisance. The plan shall include, at a minimum, a projected timeline for abatement of the public nuisance, and a statement demonstrating the financial ability of the owner to complete the abatement. The plan shall be duly approved by the court for purposes of compliance with this section. If the owner has commenced work on the building prior to, or during the pendency of the action, the owner shall be required to provide a report of the work that has been completed to date, as well as a development plan for the abatement of the public nuisance. Upon a finding by the court that the issuance of a certificate of public nuisance is warranted, the court may issue an order or an injunction barring transfer of the property at issue without the prior abatement of the public nuisance, and award to the person bringing the action reasonable attorney's fees and costs. (g) If the owner fails to comply with the court's order, the court, at its discretion, may allow an interested party the opportunity to undertake the work to abate the public nuisance under a detailed development plan as described in subsection (i). (h) If the actions pursuant to subsections (f) and (g) fail to abate the public nuisance, the court may appoint a receiver to take possession and control of the building to abate the public nuisance. Prior to a nonprofit corporation being designated a receiver under this

section, the nonprofit corporation shall provide proof of certification by the municipal corporation or code enforcement entity where the building is located. The court shall have the discretion to review the certification and supporting documentation and shall determine whether the receiver has the capacity to undertake a particular project. (i) (1) Prior to ordering any action be taken to abate the public nuisance, the court shall cause a more detailed development plan to be submitted for review, which shall include, but may not be limited to: (A) A detailed budget for abating the public nuisance; (B) If repair and rehabilitation of the building are found not to be feasible, the cost of demolition of the building or of the portions of the building that constitute the public nuisance; and (C) The terms, conditions and availability of any financing that is necessary to abate the public nuisance or a show of sufficient assets. (2) Any party submitting a detailed development plan under this section may be required by the court to post a reasonable bond in an amount fixed by the court. (j) If the court deems the detailed development plan to be sufficient and appropriate, the court may empower the receiver to complete any or all of the following: (1) Taking possession and control of the building and the property on which it is located; (2) Paying all expenses of operating and conserving the building and the property, including obtaining mortgage insurance; (3) Paying pre-receivership mortgages or installments of them and other liens; and (4) Implementing the detailed development plan; provided, that, if the development plan requires demolition, the court specifically order that the demolition be done properly and in compliance with applicable laws. (k) The interested party or receiver shall file a report with the court every sixty (60) calendar days and, upon completion of the detailed development plan, shall file a final report with the court indicating that the public nuisance has been abated. If the court finds the final report is sufficient and complete, the court may assess court costs and expenses and also may approve the payment of receiver's fees at the discretion of the judge but not to exceed the greater of ten percent (10%) of the total costs of the abatement or twentyfive thousand dollars ($25,000) to the receiver. These costs as approved by the court shall be considered a first lien on the property, which, with the exception of those for federal, state, and local taxes and assessments, shall be superior to all prior and subsequent liens or other encumbrances associated with the building or the property. The interested party or receiver shall be responsible for recording a certified copy of the judgment with the county

recorder in the county in which the property is located within sixty (60) calendar days after the date of the entry of the judgment. Once the lien is perfected and the owner has satisfied the lien, then the court shall order the receivership terminated. (l) If the lien is not satisfied within a one-hundred-eighty-calendar-day period or longer, with approval of the court after a hearing on the matter, the court may enter an order directing the receiver to offer the building and property for sale upon terms and conditions that the court shall specify. (m) The receivership is terminated at the time of sale. The proceeds of the sale shall first satisfy all federal, state, and local taxes and assessments or tax settlements. If the remaining sale proceeds are sufficient to satisfy the receiver's lien, then the receivership lien shall be terminated. If the receiver's lien is not satisfied by the sale proceeds, the receiver's lien shall remain in effect until the lien is satisfied. (n) (1) Nothing in this section shall be construed as a limitation upon the powers granted to a court having jurisdiction over a civil action described in subsection (a). (2) The monetary and other limitations specified in 16-15-501(d)(1) upon any court with jurisdiction over a civil action described in subsection (a) do not operate as limitations upon any of the following: (A) Expenditures of a mortgagee, lienholder, other interested party, or receiver that has been selected pursuant to subsection (g) or (h) to undertake the work and to furnish the materials necessary to abate a public nuisance; (B) Any notes issued by a receiver pursuant to subsection (j); (C) Any mortgage granted by a receiver in accordance with subsection (j); (D) Expenditures in connection with the foreclosure of a mortgage granted by a receiver in accordance with subsection (j); (E) The enforcement of an order of a judge entered pursuant to this chapter; or (F) The actions that may be taken pursuant to this chapter by a receiver or a mortgagee, lienholder, or other interested party that has been selected pursuant to subsection (g) or (h) to undertake the work and to furnish the materials necessary to abate a public nuisance. (3) A judge in a civil action described in subsection (a), or the judge's successor in office, has continuing jurisdiction to review the condition of any building that was determined to be a public nuisance pursuant to this chapter.

13-6-107. Jurisdiction. Jurisdiction for civil actions filed pursuant to this chapter is conferred upon the chancery, circuit, and any court designated as an environmental court pursuant to Acts 1991, chapter 426.