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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)
(A) Right to appeal. Any person affected by a notice, citation or order issued by the Public Officer served pursuant to this subchapter or a notice citation or order issued under the city property maintenance codes shall have the right to appeal to the Administrative Hearing Officer, provided that a written application for appeal is filed within ten days after hearing before the Public Officer conducted pursuant to § 150.04 of this chapter.
(1) An application for appeal shall be based on a claim that the true intent of the code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or the requirements of the code are adequately satisfied by other means.
(2) Appeals of orders (other than imminent danger notices) shall stay the enforcement of the order until the appeal is heard by the Administrative Hearing Officer.
(3) All appeals to the Administrative Hearing Officer shall be conducted in accordance with Tenn. Code Ann. §§ 6-54-1001 et seq. and Title III, § 32.35 of the Etowah Municipal Code.
(B) Judicial review of final order. A person who is aggrieved by a final decision of the Administrative Hearing Officer in a contested case is entitled to judicial review in Chancery Court pursuant to Tenn. Code Ann. §§ 6-54-1001 et seq. which shall be the only available method of judicial review. Proceedings for judicial review of a final order are instituted by filing a petition for review in the Chancery Court in the county where the municipality lies. Such petition must be filed within 60 calendar days after the entry of the final order that is the subject of the review. The Court may, upon the filing of such suit, issue a temporary injunction restraining the Public Officer from carrying out the provisions of the order pending a final disposition of the cause.
(C) Exclusive remedy. The remedies provided herein shall be the exclusive remedy and no person affected by an order of the Public Officer shall be entitled to recover any damages for action taken pursuant to any order of the Public Officer, or because of non-compliance by such person with any order of the Public Officer.
(1994 Code, § 13-211) (Ord. 468, passed 9-19-1991; Ord. passed - -)
(A) The Public Officer, in order to carry out and effectuate the purposes and provisions of this subchapter, shall have the following powers in addition to those otherwise granted herein:
(1) To investigate conditions of the structures in the city in order to determine which structures therein are unfit for human occupation or use;
(2) To administer oaths, affirmations, examine witnesses and receive evidence;
(3) To enter upon premises for the purpose of making examination; provided that, such entry shall be made in such manner as to cause the least possible inconvenience to the persons in possession;
(4) To appoint and fix the duties of such officers, agents and employees as he deems necessary to carry out the purposes of this subchapter; and
(5) To delegate any of his or her functions and powers under this subchapter to such officers and agents as he or she may designate.
(1994 Code, § 13-212)
(B) This subchapter shall not be construed to abrogate or impair the powers of the city with regard to the enforcement of the provisions of its charter or any other ordinances or regulations, nor to prevent or punish violations thereof, and the powers conferred by this subchapter shall be in addition and supplemental to the powers conferred by the charter and other laws.
(1994 Code, § 13-213)
(Ord. 468, passed 9-19-1991)
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