(A) Prohibition. Pursuant to the authority granted to municipalities under Tenn. Code Ann. § 6-54-113, it shall be unlawful for any owner of record of real property to create, maintain or permit to be maintained on such property the growth of trees, vines, grass, underbrush and/or the accumulations of debris, trash, litter or garbage or any combination of the preceding elements so as to endanger the health, safety or welfare of other citizens or to encourage the infestation of rats and other harmful animals.
(B) Application. The provisions of this section shall apply to any and all parcels of property located within the corporate limits of the city. There shall be no limitation upon the application of this section.
(C) Violation.
(1) (a) Citation. It shall be unlawful for any property owner to create, maintain or permit the growth of trees, vines, grass, underbrush or the accumulation of debris, trash, litter or garbage or any combination of the preceding elements that would endanger the health, safety or welfare of other citizens, or encourage the infestation of rats and other harmful insects and animals. The officer is authorized to issue a citation (to be served in the same manner as the notice set out below) for violations of this section and shall give notice to the property owner to appear and answer the charges against him, her or them in municipal court.
(b) Civil penalty. Any person violating this section shall be subject to a civil penalty of $50 plus court costs for each separate violation of this section. Each day the violation of this section continues shall be considered a separate violation.
(2) Clean up at property owner’s expense. If the property owner of record fails or refuses to remedy the condition within five to 30 days excluding Saturdays, Sundays and legal holidays (the time periods established for compliance shall be at the discretion of the officer) after receiving a citation or notice of violation, the officer 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 at a minimum charge of $75. Upon the filing of the notice with the Office of the Register of Deeds for McMinn County, the costs shall 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 and 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.
(3) Remedies not exclusive. The remedies provided in this chapter are not exclusive or in lieu of other rights and remedies that the city may have. The Codes Enforcement Officer, in the exercise of reasonable discretion, may elect to issue a citation, notice of violation or to clean up the property at the owner’s expense.
(D) Notice to property owner. All notices by the Codes Enforcement Officer served upon the owner of record in violation of the provisions of this section, shall state in plain language to remedy any such condition within five to 30 days excluding Saturdays, Sundays and legal holidays. The time periods established for compliance shall be at the discretion of the officer.
(1) All notices shall be sent either by:
(a) Registered or certified United States mail, addressed to the last known address of the owner of record as documented by the County Tax Assessor;
(b) Hand delivered with the deliverer obtaining the owner’s signature or with the delivers affidavit confirming receipt/delivery of the notice; or
(c) If the whereabouts of such person is unknown and the same cannot be ascertained by the exercise of reasonable diligence, the officer shall make an affidavit to that effect and then post such notice in conspicuous place on the property or premises.
(2) The notice shall state that the owner of the property is entitled to a hearing before the City Municipal Judge, and shall, at the minimum, contain the following additional information:
(a) A brief statement that the owner is in violation of this section (§ 91.07) of the Etowah Municipal Code and that the property of such owner may be cleaned up at the expense of the owner and a lien placed against the property to secure the cost of the clean-up;
(b) The office, address and telephone number of the department or person giving the notice;
(c) A cost estimate for remedying the noted condition, which shall be in conformity with the standards of cost in the city as adopted by the City Commission; and
(d) That the property owner may request a hearing.
(3) The first written notice to property owner shall serve as a continuing notice as to the violation(s) for each calendar year.
(a) Said notice shall advise property owner/resident of the current violation(s) and the set time frame as to when the violation(s) must be rectified. If initial violations are not rectified within the time frame set forth within the written notice the city codes enforcement officer shall cause the violations to be corrected and any and all fees associated with shall be applied as a lien to said property.
(b) If violation continues the property shall be automatically placed on a bi- weekly lot maintenance schedule and each bi-weekly cost will be also applied as a lien to said property until owner and/or legal representative for property owner contacts code enforcement to correct all violations on a permanent basis.
(E) Appeal. The owner of record who is aggrieved by the determination and order of the public officer may appeal the determination and order to the City Commission. The appeal shall be filed with the city within ten days following the receipt of the notice issued pursuant to division (D) above. The failure to appeal within this time shall, without exception, constitute a waiver of the right to a hearing.
(F) Judicial review. Any person aggrieved by an order or act of the City Commission under division (D) above may seek judicial review of the order or act. The time period established in division (C) above shall be stayed during the pendency of judicial review.
(G) Supplemental nature of this section. The provisions of this section are in addition and supplemental to, and not in substitution for, any other provision in the municipal charter, this municipal code of ordinances or other applicable law which permits the city to proceed against an owner, tenant or occupant of property who has created, maintained or permitted to be maintained on such property the growth of trees, vines, grass, weeds, underbrush and/or the accumulation of the debris, trash, litter or garbage or any combination of the preceding elements, under its charter, any other provisions of this municipal code of ordinances or any other applicable law.
(1994 Code, § 13-108)
(Ord. 569, passed 10-26-1998; Ord. 686, passed 8-25-2008; Ord. 749, passed 12-16-2013; Ord. passed - -; Ord. 828, passed 11-26-2018)