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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)
The amount of the cost of such repairs, alterations or improvements, or vacating and closing, or removal or demolition by the Public Officer, as well as reasonable fees for registration, inspections and professional evaluations of the property, shall be assessed against the owner of the property, and shall, upon the certification of the sum owed being presented to the municipal tax collector, 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 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 as set forth in Tenn. Code Ann. §§ 67-5-2010 and 67-5-2410. 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 the 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, the Public Officer 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 by the Public Officer, shall be secured in such manner as may be directed by such Court, and shall be disbursed by such Court to the person found to be entitled thereto by final order or decree of such Court. Nothing in this section shall be construed to impair or limit in any way the power of the municipality to define and declare nuisances and to cause their removal or abatement, by summary proceedings or otherwise.
(1994 Code, § 13-208) (Ord. 468, passed 9-19-1991)
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