Section
Slum Clearance
150.01 Findings of City Commission
150.02 Definitions
150.03 “Public Officer” designated; powers
150.04 Initiation of proceedings; hearings
150.05 Orders to owners of unfit structures
150.06 When Public Officer may repair and the like
150.07 When Public Officer may remove or demolish
150.08 Lien for expenses; sale of salvaged materials; other powers not limited
150.09 Basis for a finding of unfitness
150.10 Service of complaints or orders
150.11 Enjoining enforcement of orders
150.12 Additional powers of Public Officer; supplemental
Codes Adopted
150.25 Building Code
150.26 Plumbing Code
150.27 Electrical Code
150.28 Gas Code
150.29 International Property Maintenance Code 2012
150.30 Fire Code
150.31 Energy Conservation Code
150.32 Accessibility Code
150.99 Penalty
SLUM CLEARANCE
Pursuant to Tenn. Code Ann. §§ 13-21-101 et seq., the City Commission 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 insanitary, or dangerous or detrimental to the health, safety and morals, or otherwise inimical to the welfare of the residents of the city.
(1994 Code, § 13-201) (Ord. 468, passed 9-19-1991)
Statutory reference:
Related provisions, see Tenn. Code Ann. Title 13, Ch. 21
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
GOVERNING BODY. The City Commission charged with governing the city.
MUNICIPALITY. The City of Etowah, Tennessee, and the areas encompassed within existing city limits or as hereafter annexed.
OWNER. The holder of title in fee simple and every mortgagee of record.
PARTIES IN INTEREST. All individuals, associations, corporations and others who have interests of record in a dwelling and any who are in possession thereof.
PUBLIC AUTHORITY. Any housing authority or any officer who is in charge of any department or branch of the government of the city or state relating to health, fire, building regulations or other activities concerning structures in the city.
PUBLIC OFFICER. The officer or officers who are authorized by this subchapter to exercise the powers prescribed herein and pursuant to Tenn. Code Ann. §§ 13-21-101 et seq.
STRUCTURES. 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.
(1994 Code, § 13-202) (Ord. 468, passed 9-19-1991)
There is hereby designated and appointed a “Public Officer”, to be the Building Inspector of the city, to exercise the powers prescribed by this subchapter, which powers shall be supplemental to all others held by the Building Inspector.
(1994 Code, § 13-203) (Ord. 468, passed 9-19-1991)
Whenever a petition is filed with the Public Officer by a public authority or by at least five 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 or her own motion) that any structure is unfit for human occupation or use, the Public Officer shall, if his or her 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 or her designated agent) at a place therein fixed, not less than ten days, nor more than 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.
(1994 Code, § 13-204) (Ord. 468, passed 9-19-1991)
If, after such notice and hearing as provided for in § 150.04 of this chapter, the Public Officer determines that the structure under consideration is unfit for human occupancy or use, he or she shall state in writing his or her 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 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 50% of the value of the premises), requiring the owner within the time specified in the order to remove or demolish such structure.
(1994 Code, § 13-205) (Ord. 468, passed 9-19-1991)
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.”
(1994 Code, § 13-206) (Ord. 468, passed 9-19-1991)
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