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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)
The Public Officer defined herein shall have the power and may determine that a structure is unfit for human occupation and use if he or she 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; 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.
(1994 Code, § 13-209) (Ord. 468, passed 9-19-1991)
Complaints or orders issued by the Public Officer pursuant to this subchapter 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 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 the county and such filing shall have the same force and effect as other lis pendens notices provided by law.
(1994 Code, § 13-210) (Ord. 468, passed 9-19-1991)
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