Substitute Ordinance No. BL2001-585

A substitute ordinance to amend the Metropolitan Code of Laws, Chapter 16.24, to adopt minimum standards for all buildings, structures and or premises, and to amend relative to dwellings and structures unfit for human habitation, occupation or use; and to amend Chapter 2.88 by renaming the Board of Housing Code Appeals, as well as other amendments.

Whereas, it is in the best interest of the health, safety, and welfare of the community that all buildings, structures, and premises be maintained to minimum standards; and
Whereas, it is in the best interest of the health, safety, and welfare of the community that dilapidated dwellings and structures be rehabilitated so as to be compliant with minimum standards, or be removed or demolished; and,

Whereas, it is in the best interest of the health, safety, and welfare of the community that there be the necessary body established to properly apply and enforce minimum standards for buildings, structures and premises, and to properly apply and enforce codes adopted relative to dwellings and structures unfit for human habitation, occupation, or use.

Now, therefore, be it enacted by the Metropolitan Council of the Metropolitan Government of Nashville and Davidson County:

Section 1: That the Metropolitan Code of Laws, Chapters 16.24 and 2.88, are hereby amended by deleting said Chapters in their entirety and substituting the following in lieu thereof:

Chapter 16.24

Property Standards
Sections:

Article I. General Provisions

16.24.010 Title.
16.24.020 Intent--Remedial.
16.24.030 Definitions
16.24.040 Scope.
16.24.050 Conflicts with other ordinances.
16.24.060 Unlawful acts.
16.24.070 Enforcement--Additional rules and regulations.
16.24.080 This section reserved.
16.24.090 Severability.

Article II. Inspections

16.24.100 Authority to inspect buildings, structures, and premises.
16.24.110 Right of entry for inspections.
16.24.120 Inspection of dilapidated dwellings, buildings, and structures.
16.24.130 Certificate of occupancy required.
16.24.140 Issuance of temporary certificates of occupancy.
16.24.150 Inspection fees.

Article III. Enforcement

16.24.160 Existing remedies.
16.24.170 Notice of violation.
16.24.180 Prosecution of violation.
16.24.190 Prosecution of repeat violation.
16.24.200 Violation penalties.
16.24.210 Historic buildings.
16.24.220 Workmanship.
16.24.230 Alternative materials, methods, and equipment.

Article IV. Emergency Circumstances

16.24.240 Emergency measures-Imminent danger.
16.24.250 Temporary safeguards.
16.24.260 Emergency repairs.
16.24.270 Costs of temporary safeguards or emergency repairs.
16.24.280 Hearing.
16.24.290 Closing streets.

Article V. Minimum Standards for Buildings, Structures, and Premises

16.24.300 Scope.
16.24.310 Responsibility.
16.24.320 Vacant buildings and structures.
16.24.330 Exterior property areas.
16.24.340 Exteriors of buildings and structures.
16.24.350 Interiors of buildings and structures.
16.24.360 Rubbish and garbage.
16.24.370 Extermination.
16.24.380 Light.
16.24.390 Ventilation.
16.24.400 Occupancy limitations.
16.24.410 Plumbing fixtures and fixture requirements.
16.24.420 Toilet rooms.
16.24.430 Plumbing systems and fixtures--General.
16.24.440 Water system.
16.24.450 Sanitary drainage system.
16.24.460 This section reserved.
16.24.470 Heating facilities.
16.24.480 Mechanical equipment.
16.24.490 Electrical facilities.
16.24.500 Electrical equipment.
16.24.510 Elevators, escalators, and dumbwaiters.
16.24.520 Duct systems-General.
16.24.530 Fire safety requirements--Means of egress.
16.24.540 Fire resistance ratings.
16.24.550 Fire protection systems.

Article VI. Dwellings and Structures Unfit for Human Habitation,
Occupation, or Use

16.24.560 Findings, appointment, and purpose.
16.24.570 Determination of unfitness for habitation, occupation or use.
16.24.580 Complaint procedures--Hearing.
16.24.590 Order to repair, vacate or demolish required when.
16.24.600 Complaint and order--Service.
16.24.610 Appeal.
16.24.620 Warning placards.
16.24.630 Removal or demolition of buildings--Notice to vacate.
16.24.640 Demolition of building--Disposal of debris.
16.24.650 Costs of repair or demolition--Lien on property.
16.24.660 Failure to comply--Penalty.

Article I. General Provisions

16.24.010 Title.
These regulations shall be known as the Property Standards Code of the Metropolitan Government, hereinafter referred to as "this code."

16.24.020 Intent--Remedial.
This code is declared to be remedial, and shall be construed to secure the beneficial interests and purposes thereof, which are public health, safety, and welfare, through establishing and requiring minimum standards for the development, construction, use, occupancy, and maintenance of all buildings, structures and premises located within the area of jurisdiction of The Metropolitan Government of Nashville and Davidson County and establishing procedures for the repair, alteration, improvement, removal, and or demolition of dilapidated dwellings and structures located within the area of jurisdiction of The Metropolitan Government of Nashville and Davidson County.

16.24.030 Definitions.
A. Scope. Unless otherwise expressly stated, the following terms shall, for the purposes of this code, have the meanings respectively ascribed to them by this code.
B. Interchangeability. Words stated in the present tense include the future; words stated in the masculine gender include the feminine and neuter; the singular number includes the plural and the plural the singular.
C. Terms defined in other codes. Where terms are not defined in this code and are defined in the Metropolitan Building Code, Fire Code, Zoning Code, Plumbing Code, Gas/Mechanical Code, ANSI A117.1 Handicap Code, Energy Code or the Electrical Code, such terms shall have the meanings ascribed to them as in those codes.
D. Terms not defined. Where terms are not defined through the methods authorized by this section, such terms shall have ordinarily accepted meanings such as the context implies.
E. Parts. Whenever the words "building," "dwelling unit," "dwelling", "premises," "structure," "rooming house," "rooming unit," or "story" are stated in this code, they shall be construed as though they were followed by the words "or part thereof."
F. Terms:
"Accessory Building" or "Accessory Structure" means a detached building or structure customarily incidental and subordinate to the principal building or structure located on the same lot.
"Accessory Use" means a use of a building, structure, or premises, or part thereof, that is customarily incidental and subordinate to the principal use of the building, structure or premises and that occurs on the same lot as the principal use.
"And/or" in a choice of two code provisions, means that use of both or either provisions will satisfy the requirement of this code.
"Approved" means approved by the Director.
"Basement" means that portion of a building or structure that is partly or completely below grade.
"Bathroom" means a room containing plumbing fixtures including a bathtub and or shower.
"Bedroom" means any room or space used or intended to be used for sleeping purposes.
"Board" or "Board of Appeals" means the Metropolitan Board of Property Standards and Appeals.
"Building" means any structure that encloses a space used for sheltering any occupancy. Each part of a building separated from other parts by a firewall shall be construed as a separate building. The term, building, shall be construed as if followed by the words "or part thereof."
"Building Code" means the building code adopted by the Metropolitan Government of Nashville and Davidson County.
"Condemn" means to adjudge unfit for habitation, occupation, or use.
"Dilapidated Building" or "Dilapidated Structure" means all buildings and or structures which, by reason of inadequate maintenance, dilapidation, abandonment, inadequate exits, unsanitary conditions, and or conditions that constitute a fire hazard, are unsafe and or are otherwise dangerous to human life and/or are unfit for human habitation, occupation, or use. This definition shall include all buildings and structures as may legally come within the scope of the definition of "building" and "structure" as set forth in this section.
"Director" means the Director of the Department of Codes Administration, or such other officers and employees of the Department of Codes Administration as may be charged with the administration of this code, or the Director's duly authorized representative.

"Dwelling" means any building or structure, or part thereof, used and occupied for human occupation or use or intended to be so used, and includes any outhouses and appurtenances belonging thereto or usually enjoyed therewith.
"Dwelling Unit" means a single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation. A dwelling unit shall be construed to include any accessory structure belonging thereto or usually enjoyed therewith.
"Electrical Code" means the electrical code adopted by the Metropolitan Government.
"Energy Code" means the energy code adopted by the Metropolitan Government.
"Enforcement Officer" means the Director of the Department of Codes Administration and such other officers, employees, and other duly authorized representatives of the Director as may be charged with the administration and enforcement of this code.
"Exterior Property" means the open space on the premises and on adjoining property under the control of the owner, occupant, or operator of such premises.
"Extermination" means the control and elimination of insects, rats, and or other pests by: eliminating their harborage places, removing or making inaccessible materials that serve as their food, poison spraying, fumigating, and or trapping; or, by any other approved control or elimination method.
"Family" means for purposes of this code, an individual, or two or more persons related by blood, marriage or law, or, unless otherwise required by federal or state law, a group of not more than three unrelated persons living together in a dwelling unit.
"Fire Code" means the Fire Prevention Code and or Life Safety Code as adopted by the Metropolitan Government.
"Fire Wall" means a 4-hour fire resistive wall, having protective openings, which restricts the spread of fire and extends continuously from the foundation to or through the roof, with sufficient structural stability under fire conditions to allow collapse of construction on either side without collapse of the wall.
"Garbage" means the animal or vegetable waste resulting from the handling, preparation, cooking, and consumption of food.
"Guard" means a building component or a system of building components located at or near the open sides of elevated walking surfaces that minimizes the possibility of a fall from the walking surface to a lower level.
"Habitable Space" means space in a structure for living, sleeping, eating, or cooking. Bathrooms, toilet rooms, closets, halls, storage spaces, utility spaces, and similar areas are not considered habitable spaces.
"Imminent Danger" means a condition that could cause serious or life-threatening injury or death, or significant property damage at any time.
"Infestation" means the presence, within or contiguous to, a structure or premises of insects, rats, vermin or other pests.
"Labeled" means devices, equipment, appliances, or materials to which has been affixed a label, seal, symbol, or other identifying mark of a nationally recognized testing laboratory, inspection agency, or other organization concerned with product evaluation that maintains periodic inspection of the production of the above-labeled items and by whose label the manufacturer attests to compliance with applicable nationally recognized standards.
"Let for Occupancy" or "Let" means to permit, provide, or offer possession or occupancy of a dwelling, dwelling unit, rooming unit, building, structure, or premise by a person or entity who is or is not the legal owner of record thereof, pursuant to a written or unwritten lease, agreement, or license, or pursuant to a recorded or unrecorded agreement of contract for the sale of land.
"Occupancy" means the purpose for which a building or portion thereof is utilized or occupied.
"Occupant" means any individual living, sleeping, having possession of a space within, or operating in or on a building, structure, or premises.
"Openable Area" means that part of a window, skylight or door which is available for unobstructed ventilation, egress or rescue and which opens from the inside to a full clear opening, without the use of a key or tool, directly to the outdoors.
"Operator" means any person who has charge, care, or control of a structure, building, or premises that is let or offered for occupancy.
"Owner" means any person, agent, operator, firm or corporation having a legal or equitable interest in the property; or recorded in the official records of the state, county or municipality as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court, and including every mortgagee of record.
"Parties in Interest" means all individuals, associations, corporations, and others who have interests of record in a building, structure, or premises, and any who are in possession thereof.
"Place of Public Accommodation" means any building or structure in which goods are sold or supplied, or in which services are performed, or in which the trade of the general public is solicited.
"Plumbing" means all of the following supplied facilities and equipment: gas pipes, gas-burning equipment, water pipes, garbage disposal units, waste pipes, water closets, sinks, installed dishwashers, lavatories, bathtubs, shower baths, installed clothes-washing machines, catch basins, drains, vents and any other similar supplied fixtures, together with all connections to water, sewer or gas lines.
"Plumbing Code" means the plumbing code adopted by the Metropolitan Government.
"Premises" means a lot, plot or parcel of land including any building or structure thereon. Such term shall be construed as if followed by the words "or part thereof."
"Privacy" when used in this code, means an area or room which may be closed-off from other rooms with a solid door with a locking device thereon.
"Public Authority" means any officer in charge of any department or branch of the Metropolitan Government or the state, relating to health, fire, building regulations or other activities concerning housing, buildings, structures or premises in the area under the jurisdiction of the Metropolitan Government.
"Roominghouse" means a building arranged or occupied for lodging, with or without meals, for compensation and not occupied as a one- or two-family dwelling.
"Rooming Unit" means any room or group of rooms forming a single habitable unit occupied or intended to be occupied for sleeping or living, but not for cooking purposes.
"Rubbish" means combustible and noncombustible waste materials, except garbage; the term shall include, but not be limited to, the residue from the burning of wood, coal, coke and other combustible materials, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery and dust and other similar materials.
"Structure" means any dwelling or place of public accommodation or vacant building or structure suitable as a dwelling or place of public accommodation. Also, that which is built or constructed, or part thereof.
"Substandard Building" or "Substandard Structure" means a building, structure and/or premises that is used or designed or intended to be used as a habitable space, which does not meet the basic minimum requirements of this code for such use or occupancy, or for which a valid certificate of occupancy has not been issued.
"Supplied" means paid for, furnished or provided by or under the control of the owner or operator or the owner's or operator's agents or representatives.
"Tenant" means a person, corporation, partnership or group, whether or not the legal owner of record, occupying a building or portion thereof as a unit.
"Toilet Room" means a room containing a water closet or urinal but not a bathtub or shower.
"Ventilation" means the natural or mechanical process of supplying conditioned or unconditioned air to, or removing such air from, any space.
"Workmanlike" means executed in a skilled manner; e.g., generally plumb, level, square, in line, undamaged and without marring adjacent work.
"Yard" means an open space on the same lot with a structure.
"Zoning Code" means the Zoning Code adopted by the Metropolitan Government of Nashville and Davidson County.

16.24.040 Scope.
The provisions of this code shall apply uniformly to the use, occupancy, maintenance, repair, alteration, and improvement of all existing residential and non-residential buildings, structures, and premises located within the area of jurisdiction of the Metropolitan Government.

16.24.050 Conflicts with other ordinances.
In any case where a provision of this code is found to be in conflict with a provision of any building, fire, safety, or health ordinance or code of the Metropolitan Government, the provision that establishes the higher standard for the promotion and protection of the public health, safety, and welfare shall prevail.

16.24.060 Unlawful acts.
It shall be unlawful for a person, partnership, firm, corporation, or entity whatever to be in conflict with or in violation of any provision of this code.

16.24.070 Enforcement--Additional rules and regulations.
The Director of the Department of Codes Administration ("the Director"), such other officers and employees of the Department of Codes Administration ("the Department") as may be charged with the administration of this code, and any duly authorized representative of the Director are designated and appointed to exercise the powers prescribed by this code, except those powers that are given to the Metropolitan Board of Property Standards and Appeals as set forth herein below. The Director, in addition to such other powers as the Director may be given, is authorized to adopt and publish rules and regulations, not inconsistent with this code, which will conveniently effectuate its purposes and secure compliance with its provisions. Such rules and regulations as are from time to time published shall become effective when approved by the Mayor.

16.24.080 This section reserved.

16.24.090 Severability.
If a section, subsection, sentence, clause, or phrase of this code is, for any reason, held to be unconstitutional or unenforceable, such decision shall not affect the validity of the remaining portions of this code.

Article II. Inspections

16.24.100 Authority to inspect buildings, structures, and premises.
A. The Director is authorized to make inspections to determine the condition of all existing buildings, structures, and premises located within the area of jurisdiction of the Metropolitan Government in order that the Director may perform the Director's duty of safeguarding the health, safety, and welfare of the occupants of such buildings, structures, and premises and the general public.
B. All buildings, structures, and premises intended for human habitation, occupation, or use shall be inspected for compliance with this code. Said inspections, other than those identified in subsection C below, shall be made according to a planned, systematic property standards code compliance program when so adopted by resolution of the Metropolitan Council.
C. Inspections shall be made: upon a complaint being filed with the Department, except that in the case of a dwelling or structure alleged to be unfit for human occupation or use, the complaint of five (5) citizens or the MDHA is required, or any other public authority; may be made upon a request for special inspection; and, may be made upon a visual observation of a possible violation of this code by anyone authorized to enforce this code.

16.24.110 Right of entry for inspections.
A. The Director shall enforce the provisions of this code and may enter, upon presentation of proper identification to the owner, occupant, or person in control thereof, any building, structure, or premises within the area of jurisdiction of the Metropolitan Government to perform any duty imposed upon him by this code, except in cases of vacant structures, where emergency circumstances do not exist. Said entry for the purpose of making any inspection required in this code shall be made during reasonable hours, so as to cause the least inconvenience to the occupants thereof, unless emergency circumstances exist.
B. It is unlawful for any person, whether owner, occupant, or party in control of the building, structure, or premises, to refuse the entry of the Director or any of the Director's duly authorized representatives or to interfere in any manner in the performance of the duties imposed upon the Director by this code.

16.24.120 Inspection of dilapidated dwellings, buildings, and structures.
No building, plumbing, electrical, gas, mechanical, or other permit shall be issued to allow for the repair, alteration, or improvement of an existing dilapidated dwelling, building, or structure until an inspection has been made to determine the feasibility of rehabilitating such dwelling, building, or structure.

16.24.130 Certificate of occupancy required.
It is unlawful to acquire utility services (electric, water, gas, or sewer), either public or private, to serve any vacant dilapidated or substandard building or structure, or part thereof, or any existing dilapidated or substandard building or structure, or part thereof, becoming vacant, until such time as the building or structure has been brought into compliance with this code and a valid certificate of occupancy, as required by Chapter 16.36 of the Metropolitan Code of Laws, has been issued. The Director is authorized to approve the acquisition and provision of temporary utility services for a building or structure, or part thereof, for which a valid building permit has issued. The duration of the provision of the temporary utility services should coincide with the expiration date of the underlying building permit. The permittee shall be responsible for acquiring permanent utility services in conjunction with a valid permanent use and occupancy permit.

16.24.140 Issuance of temporary certificates of occupancy.
No person shall occupy, let, or offer to let to another for occupancy or use, any building, structure, or premises, or part thereof, which does not comply with the provisions of this code and for which a certificate of occupancy, as required by Chapter 16.36 of the Metropolitan Code of Laws, has not been issued. The Director may issue a temporary certificate of occupancy for a specified period of time, when in the Director's opinion a part, or parts, of a building, structure, or premises may be safely occupied prior to final completion.

16.24.150 Inspection fees.
A. The Director may adopt a fee schedule, subject to approval by resolution of the Metropolitan Council, in order to carry out the intent of this section. Fees not collected for such inspections shall become a lien against the real property as provided by law. The Director is authorized to waive the fee for any person certified as indigent and for an inspection resulting from a complaint when such inspection reveals no violation or cause of action.
B. Whenever a request is made for an inspection of a residential building, structure, or premises to determine whether it complies with this code for any Federal Housing Administration or Veterans' Administration Loan Commitment, or any other request of a similar nature involving preparation of a special report, an initial filing fee in the amount of one hundred dollars ($100) shall be paid to the Department of Codes Administration at the time the request is made. If the building, structure, or premises fails to pass the first inspection, an additional fee of twenty-five dollars ($25) will be required for each succeeding inspection. The above fees apply to residential buildings, structures, or premises containing one or two dwelling units, only. An additional fee of ten dollars ($10) per dwelling unit shall be paid for the initial inspection of such residential buildings, structures, or premises exceeding two units. An additional fee of five dollars ($5) per dwelling unit shall be paid for each succeeding inspection of such residential buildings, structures or premises exceeding two units. When a fee has been paid pursuant to this subsection, it shall not be refundable for any reason whatever. The fee shall be for the purpose of defraying the costs of making an inspection, preparing a report, administrative costs, and any related costs.

Article III. Enforcement

16.24.160 Existing remedies.
The provisions in this code shall not be construed to abolish or impair existing and future remedies of the jurisdiction, its officers, or agencies relating to the removal or demolition of any building or structure that is dangerous, unsafe, and or unsanitary.

16.24.170 Notice of violation.
A. The Director or duly authorized representative shall serve notice of violation of this code, except when a dwelling or structure has been determined to be unfit for occupation or use, when there is a repeat violation, or when emergency circumstances exist.
B. Whenever the Director determines that there has been a violation of this code or has grounds to believe that a violation has occurred, a notice of violation shall be provided to the owner, occupant, or person or entity in control of the building, structure, or premises where the violation or alleged violation exists. Should the Director determine that cumulative violations exist so as to render a dwelling or structure, as defined at T.C.A. Title 13, Chapter 21, unfit for human habitation, occupation, or use, notice and enforcement of this code shall be as prescribed in Article VI. of this code. Otherwise notice shall:
1. Be in writing;
2. Include a description of the building, structure or premises sufficient for identification;
3. Include a statement of the violation(s);
4. Include an order to correct allowing a reasonable time to make the repairs and/or improvements required to bring the building, structure, or premises into compliance with this code;
5. Be personally delivered by the Director or sent by certified or first-class mail addressed to the last known address; and
6. If notice sent by certified or first class mail is returned showing that the letter was not delivered, a copy thereof shall be posted in a conspicuous place in or about the building, structure, or premises affected by such notice.

16.24.180 Prosecution of violation.
If the notice of violation is not complied with, the Director or duly authorized official shall institute the appropriate proceeding at law or in equity to restrain, correct, or abate such violation, or to require the removal or termination of the unlawful occupancy of the building, structure, or premises in violation of the provisions of this code. Any person or entity failing to comply with a notice of violation served in accordance with this code shall be deemed guilty of a misdemeanor and the violation shall be deemed a strict liability offense.

16.24.190 Prosecution of repeat violation.
Whenever the Director determines that there has been a repeat violation of this code or has grounds to believe that a repeat violation has occurred, the Director may, upon the Director's discretion, elect to forego the issuance of a notice of violation and immediately institute the appropriate proceeding at law or in equity to restrain, correct, or abate such violation, or to require the removal or termination of the unlawful occupancy of the building, structure, or premises in violation of this code.

16.24.200 Violation penalties.
Any person or entity that shall violate a provision of this code, or fail to comply with any of the requirements thereof, shall be prosecuted within the limits provided by state and or local law. Each day that a violation continues shall be deemed a separate offense.

16.24.210 Historic buildings.
The provisions of this code shall not be mandatory for existing buildings or structures designated by the State or the Metropolitan Government as historic buildings or structures when such buildings or structures are judged by the Director to be safe and when application of lesser or varying standards is deemed to further the interests of the public, health, safety, and welfare.

16.24.220 Workmanship.
Repairs, alterations, improvements, installations, and maintenance work caused directly or indirectly by the enforcement of this code shall be executed in a workmanlike manner. Installations caused directly or indirectly by the enforcement of this code shall be made in accordance with the manufacturer's instructions, if any.

16.24.230 Alternative materials, methods, and equipment.
This code is not intended to prevent the installation of any material or to prohibit any method of construction not specifically prescribed by this code, provided that the Director has approved any such alternative. The use of any alternative material or an alternative method of construction shall be approved where the Director finds that the proposed design is satisfactory and complies with the intent of the provisions of this code, and that the material, method of construction, or work offered is, for the purpose intended, at least the equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance, durability and safety.

Article IV. Emergency Circumstances

16.24.240 Emergency measures--Imminent danger.
When, in the opinion of the Director, there is imminent danger of failure or collapse of any building or structure, or part thereof, which endangers life, or when any building or structure or part of any building or structure has failed or collapsed so as to be an imminent threat to the public health, safety, or welfare, and or life is endangered by the occupation or use of any building or structure, or when there is actual or potential danger to any building's or structure's occupants, or when there is actual or potential danger to persons, buildings, or structures in close proximity of any building of structure, resulting from the instability of any building or structure, or the presence of explosives, explosive fumes or vapors, toxic fumes, toxic gases or materials, or defective or dangerous equipment that is operating, the Director is hereby authorized and empowered to order and require the occupants to vacate the building, structure, or premises forthwith, to order and require temporary safeguards be expeditiously employed, to order and require emergency repairs, and or to cause such building or structure to be demolished pursuant Section 16.52.080 of the Metropolitan Code of Laws. In addition, the Director may cause to be to be posted at each entrance to such building, structure, or premises a notice reading as follows: "This Building Is Unfit for Human Habitation, Occupation or Use. The Use or Occupancy of This Building is Unlawful and Prohibited by Order of the Director of the Department of Codes Administration." It shall be unlawful for any person to enter such building or structure except for the purpose of securing the structure, making required repairs, removing the hazardous condition, or demolishing the same.

16.24.250 Temporary safeguards.
Notwithstanding other provisions of this code, whenever, in the opinion of the Director, there is imminent danger due to an unsafe condition, the Director may order that necessary safeguards be instituted, including the boarding-up of openings, and may cause such other action to be taken as the Director deems necessary to meet such emergency and render such building or structure temporarily safe, whether or not the legal procedures herein described have been instituted. The order requiring temporary safeguards shall notify the recipient of the right to appeal the decision of the Director within twenty (20) days after completing the required temporary safeguards. For the purposes of this Article, the Director shall employ the necessary labor and materials to perform the required work as expeditiously as possible.

16.24.260 Emergency repairs.
Notwithstanding other provisions of this code, whenever, in the opinion of the Director, there is imminent danger due to an unsafe condition, the Director may order that emergency repairs be made and may cause such other action to be taken as the Director deems necessary to meet such emergency and render such building or structure temporarily safe, whether or not the legal procedures herein described have been instituted. The order requiring emergency repairs shall notify the recipient of the right to appeal the decision of the Director within twenty (20) days after the completing of the required emergency repairs. For the purposes of this Article, the Director shall employ the necessary labor and materials to perform the required work as expeditiously as possible.

16.24.270 Costs of temporary safeguards or emergency repairs.
The Metropolitan Government shall initiate appropriate action against the owner of the unsafe building, structure, or premises for the recovery of such costs as it incurred in rendering an unsafe structure, building, or premises safe by undertaking temporary safeguards and or emergency repairs.

16.24.280 Hearing.
Any person ordered to take emergency measures shall comply with such order forthwith. Any affected person shall thereafter, upon petition directed to the Metropolitan Board of Property Standards and Appeals, be afforded a hearing. The affected person shall have twenty (20) days from the date of the completing of the emergency measures to file a petition for appeal to the Board of Property Standards and Appeals. Otherwise, the procedure and hearing shall be as hereinafter described in this code.

16.24.290 Closing streets.
When necessary for public safety, the Director shall order the appropriate authority to close, sidewalks, streets, public ways, or places adjacent to unsafe buildings, structures, and/or premises.

Article V. Minimum Standards for Buildings, Structures, and Premises

16.24.300 Scope.
The provisions of this Article shall govern the minimum standards, conditions, and responsibilities of persons or entities that own, occupy, operate, or otherwise control any residential or non-residential building, structure, or premises; under the jurisdiction of Metropolitan Nashville and Davidson County; including the maintenance of equipment, exterior property, and the exteriors and interiors of buildings and structures.

16.24.310 Responsibility.
The owner of the premises shall fully maintain the buildings, structures and premises in compliance with these requirements, except as otherwise provided for in this code. An owner shall not occupy or permit another person to occupy a building, structure, or premises which is not in a safe, clean, and sanitary condition and or which does not comply with the requirements of this code. Any occupant of a building, structure, or premises, or part thereof, and any person or entity that operates in, on, or otherwise controls any building, structure, premises, or part thereof, is responsible for keeping that part of the building, structure, or premises, which they occupy, operate in or on, or otherwise control, in a safe, clean, and sanitary condition in compliance with this code.

16.24.320 Vacant buildings and structures.
All vacant buildings, structures, and the premises thereof, shall be maintained in a safe, clean, and sanitary condition as provided herein so as not to cause blight and or otherwise adversely affect the public health, safety, or welfare.

16.24.330 Exterior property areas.
A. Sanitation. All exterior property and premises shall be maintained in a safe, clean, and sanitary condition. The occupant of a building, structure, or premises, or part thereof, shall keep that part of the exterior property and premises that such occupant occupies or controls in a safe, clean, and sanitary condition.
B. Open storage. Except as otherwise provided for in the zoning code, it is unlawful for the owner, occupant, or person or entity in control of a building, structure, or premises to utilize the premises of such property for the open storage of any: inoperable, unlicensed, or unregistered motor vehicle; appliance; building material, including glass, brick, stone, block, wood, metal; rubbish; tires; automotive parts; or debris, including but not limited to weeds, dead trees, trash, rubbish, garbage, etc., or similar items. It shall be the duty and responsibility of every such owner or occupant to keep the premises in a safe, clean, and sanitary condition and to remove from the premises all such stored items upon notice from the Director.
C. Grading and drainage. All premises shall be graded and maintained to prevent the erosion of soil and to prevent the accumulation of stagnant water thereon, or within any building or structure located thereon.
Exception: Approved retention or detention areas or reservoirs.
D. Sidewalks and driveways. All sidewalks, walkways, stairs, driveways, parking spaces, and similar areas shall be kept in a proper state of repair, shall be maintained free from hazardous conditions, and shall be kept in a safe, clean, and sanitary condition.
E. This section reserved.
F. Rodent Harborage. All buildings, structures and exterior property shall be kept free from rodent harborage and infestation and conditions that promote or support rodent harborage and infestation. Where rodents are found, they shall be promptly exterminated by process that is approved and that is not injurious to human health. After extermination, proper precautions shall be taken to eliminate rodent harborage and prevent re-infestation.
G. Exhaust vents. Exhaust pipes, ducts, conductors, fans, vents, or blowers shall not discharge gases, steam, vapor, hot air, grease, smoke, odors or other gaseous or particulate wastes directly upon abutting or adjacent public or private property or that of another tenant.
H. Accessory structures. All accessory structures, including detached garages, fences and walls, shall be maintained structurally sound, in good repair, and in an otherwise safe, clean, and sanitary condition.
I. Gates. Gates which are required to be self-closing and self-latching in accordance with the Building Code shall be maintained such that the gate will positively close and latch when released from a still position of six inches (6") from the gatepost.
J. Swimming Pools. Swimming pools shall be maintained in a safe, clean, and sanitary condition, and in good repair.
K. Motor vehicles. Except as otherwise provided for in the zoning code, no inoperable vehicle, vehicle in a state of major disassembly, disrepair, or in the process of being stripped or dismantled, or unlicensed motor vehicle shall be openly parked, kept, or stored on any premises. Painting of vehicles is prohibited unless conducted inside an approved spray booth.
Exception: A vehicle of any type is permitted to undergo major overhaul, including body-work, provided that such work is performed inside a structure or similarly enclosed area designed and approved for such purposes.

16.24.340 Exteriors of buildings and structures.
A. General. The exterior of a building or structure shall be maintained in good repair, structurally sound, and in a clean and sanitary condition so as not to pose a threat to the public health, safety, or welfare.
B. Protective treatment. All exterior surfaces, including but not limited to, doors, door and window frames, cornices, porches, trim, balconies, decks and fences shall be maintained in good condition. Exterior wood surfaces, other than decay resistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment. Peeling, flaking, and or chipped paint shall be eliminated and the underlying surfaces shall be protected from the elements and decay by paint or other protective covering or treatment. All siding and masonry joints, as well as those between the building envelope and the perimeter of windows, doors, and skylights, shall be maintained weather resistant and water tight. All metal surfaces subject to rust or corrosion shall be coated to inhibit such rust and corrosion and all surfaces with rust or corrosion shall be stabilized and coated to inhibit future rust and corrosion. Oxidation stains shall be removed from exterior surfaces. Surfaces designed for stabilization by oxidation are exempt from this requirement.
C. Premises identification. All buildings and structures within Metropolitan Nashville and Davidson County shall have approved address numbers posted in accordance with following:
1. Residences are to have their numbers at least three inches (3") in size, on a contrasting background, and in a position to be plainly visible and legible from the street or road fronting the property. The numbers may be attached to the residence or the mailbox, if the mailbox is next to the street.
2. Numbers posted on the outside of non-residential buildings must be six inches (6"), or larger, on a contrasting background, and in a position to be plainly visible and legible from the street or road fronting the premises. Numbers posted on interior doors or spaces (such as a lease space in a mall) must be at least three inches (3") in size.
3. Multi-family buildings shall have their numbers displayed to be plainly visible and legible, on a contrasting background, and a minimum size of six inches (6") in height. Identifying numbers, at least three inches (3") in height shall also be posted on or at the doors of individual dwelling units.
D. Structural members. All structural members shall be maintained free from deterioration, and shall be capable of safely supporting the imposed dead and live loads.
E. Foundation walls. All foundation walls shall be maintained plumb and free from open cracks and breaks and shall be kept in such condition so as to prevent the entry of rodents and other pests.
F. Exterior walls. All exterior walls shall be free from holes, breaks, and loose or rotting materials, and shall be maintained weatherproof and properly surface coated where required to prevent deterioration.
G. Roofs and drainage. The roof and flashing shall be sound, tight, and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the building or structure. Roof drains, gutters, and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance.
H. Decorative features. All cornices, belt courses, corbels, terra cotta trim, wall facings and similar decorative features shall be maintained in good repair with proper anchorage and in a safe condition.
I. Overhang extensions. All overhang extensions including, but not limited to canopies, marquees, signs, metal awnings, fire escapes, standpipes, and exhaust ducts shall be maintained in good repair and shall be properly anchored so as to be in a sound condition. When required, all exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint or other appropriate surface treatment.
J. Stairways, decks, porches and balconies. Every exterior stairway, deck, porch, and balcony, and all appurtenances attached thereto, shall be maintained structurally sound, in good repair, with proper anchorage, and shall be capable of supporting the imposed loads.
K. Chimneys and towers. All chimneys, cooling towers, smoke stacks, and similar appurtenances shall be maintained structurally safe and sound, and in good repair. All exposed surfaces of metal or wood shall be protected from the elements, decay, and or rust by periodic application of appropriate weather coating materials, such as paint or similar surface treatment.
L. Handrails and guards. Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition.
M. Window, skylight and door frames. Every window, skylight, door and frame shall be kept in sound condition, good repair, and weather tight.
N. Glazing. All glazing materials shall be maintained free from cracks and holes.
O. Openable windows. Every window, other than a fixed window, shall open and close easily and shall be capable of being held in either position by window hardware.
P. Insect screens. During the period from April 1 to November 1, every door, window and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas, or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored, shall be supplied with approved tightly fitting screens of not less than 16 mesh per inch and every swinging door shall have a self closing device in good working condition.
Exceptions:
1. Screen doors shall not be required where other approved means, such as air curtains or insect repellent fans are employed.
2. Residential units having approved central heating, ventilation and air conditioning systems.
Q. Doors. All exterior doors, door assemblies, and hardware shall be maintained in good condition. Locks at all entrances to dwelling units, rooming units and guestrooms shall tightly secure the door. Locks on means of egress doors shall be in accordance with the requirements of Section 16.24.530 as follows.
All means of egress doors shall be readily openable from the side from which egress is to be made without the need for keys or special knowledge, tools, or effort, except where the door conforms to that permitted by the Building Code.
R. Basement hatchways. Basement hatchways, bulkhead enclosures, and crawl space access doors shall be maintained to prevent the entrance of rodents, rain, and surface drainage water.
S. Guards for basement windows. Every basement or cellar window, that is openable, shall be supplied with screens of standard-size mesh, or other approved protection against the entry of rodents.
T. Defacement of property. No person shall willfully or wantonly damage, mutilate, or deface any exterior surface of any building or structure, located on any private or public property, by placing thereon any marking, carving, or graffiti. It shall be the duty of the owner of the building, structure, and or real property on which the building or structure is located to restore said surface to an approved state of maintenance and repair.

16.24.350 Interiors of buildings and structures.
A. General. The interior of a building or structure and any equipment therein shall be maintained in good repair, structurally sound, and in an otherwise clean and sanitary condition. Occupants shall keep that part of the building or structure that they occupy or control in a clean and sanitary condition. Every owner of a building or structure containing a rooming house, a hotel, a dormitory, two or more dwelling units, or two or more nonresidential occupancies, shall maintain, in a clean and sanitary condition, the shared or public areas of the structure and exterior property.
B. Structural members. All structural members shall be structurally sound and capable of supporting the imposed loads.
C. Interior surfaces. All interior surfaces, including windows and doors, shall be maintained in good, clean and sanitary condition. Peeling, chipping, flaking, or abraded paint shall be repaired, removed, or covered. Cracked or loose plaster, decayed wood, and other defective surface conditions shall be corrected.
D. Stairs and walking surfaces. Every stair, ramp, landing, balcony, porch, deck or other walking surface shall be maintained in sound condition and in good repair.
E. Handrails and guards. Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition.
F. Interior doors. Every interior door shall fit reasonably well within its frame and shall be capable of being opened and closed by being properly and securely attached to jambs, headers, or tracks as intended by the manufacturer of the attachment hardware.

16.24.360 Rubbish and garbage.
All exterior property and premises, and the interior of every building and structure, shall be free from any accumulation of rubbish, garbage, and debris.
A. Disposal of rubbish. Every owner or occupant of a structure shall dispose of all rubbish in a clean and sanitary manner by placing such rubbish in approved containers.
B. Rubbish storage facilities. The owner of every occupied premises shall supply approved covered containers for rubbish and shall be responsible for the clean and sanitary removal and disposal of all rubbish.
C. Disposal of garbage. Every occupant of a building or structure shall dispose of garbage in a clean and sanitary manner by placing such garbage in an approved garbage disposal facility or in approved garbage containers.
D. Garbage facilities. The owner of every dwelling shall supply one of the following: an approved mechanical food waste grinder in each dwelling unit; an approved incinerator unit in the structure available to the occupants in each dwelling unit; or an approved leak-proof, covered, outside garbage container accessible and sufficient in capacity to serve each dwelling unit.
E. Containers. The operator of every establishment producing garbage shall provide, approved leak proof containers with close-fitting covers for the storage of such materials, and shall cause said containers to be utilized at all times. All rubbish and garbage storage facilities and containers shall be provided and handled in such manner as may be prescribed by the rules and regulations of the Department of Public Works and the Metropolitan Health Department.

16.24.370 Extermination.
Infestation. All structures shall be kept free from insect and rodent infestation. Approved extermination processes that are not injurious to human health shall be promptly employed to rid any building or structure in which insects or rodents are found. After extermination, proper precautions shall be taken to prevent re-infestation.
A. Owner. The owner of any building or structure shall be responsible for extermination within the building or structure, or part thereof, prior to renting or leasing the building or structure, or part thereof.
B. Single occupant. The occupant of a one-family dwelling or of a single-tenant nonresidential structure shall be responsible for extermination on the premises.
C. Multiple occupancy. The owner of a building or structure containing two or more dwelling units, a multiple occupancy, a rooming house, or a nonresidential building or structure shall be responsible for extermination in the public or shared areas of the building or structure and exterior property. If infestation is caused by failure of an occupant to prevent such infestation in the area occupied by said occupant, the occupant shall be responsible for extermination.
D. Occupant. The occupant of any building or structure shall be responsible for the continued rodent and pest-free condition of the structure.
Exception: Where the infestations are caused by defects in the structure, the
owner shall be responsible for extermination.

16.24.380 Light.
A. Habitable spaces. In residential occupancies, every habitable space shall have at least one window of approved size facing directly to the outdoors or to a court. The minimum total glazed area for every habitable space shall be eight percent (8%) of the floor area of such room. Wherever a wall or other obstructions face a window of a habitable space and such obstruction is located less than three feet (3') from the window and extends to a level above that of the ceiling of the habitable space, such window shall not be deemed to face directly to the outdoors nor to a court and shall not be included as contributing to the required minimum total window area for the habitable space.
Exception: Where natural light for rooms or spaces without exterior glazing areas is provided through an adjoining room, the unobstructed opening to the adjoining room shall be at least 8 percent of the floor area of the interior room or space, but not less than 25 square feet. The exterior glazing area shall be based on the total floor area being served.
B. Common halls and stairways. Every common hall and stairway in residential occupancies, other than in one-and-two family dwellings, shall be lighted at all times with at least a 60 watt standard incandescent light bulb for each two hundred (200) square feet of floor area of said common hall or stairway, or equivalent illumination, provided that the spacing between lights shall not be greater than thirty feet (30'). In other than residential occupancies, means of egress, including exterior means of egress stairways, shall be illuminated at all times with a minimum of 1 foot candle at floors, landings, and treads.
C. Other spaces. All other spaces in residential and nonresidential buildings and structures shall be provided with natural or artificial light sufficient to permit the maintenance of sanitary conditions, the safe occupancy thereof, and the safe utilization of the appliances, equipment, and fixtures.

16.24.390 Ventilation.
A. Habitable spaces. In dwelling units, every habitable space shall have at least one open able window. The total open able area of the window in every room shall be equal to at least forty-five percent (45%) of the minimum glazed area required in Section 16.24.380, above.
Exception: Where rooms and spaces without openings to the outdoors are ventilated through an adjoining room, the unobstructed opening to the adjoining room shall be at least eight percent (8%) of the floor area of the interior room or space, but not less than twenty-five (25) square feet. The ventilation openings to the outdoors shall be based on a total floor area being ventilated.
B. Bathrooms and toilet rooms. Every bathroom and toilet room shall comply with the ventilation requirements for habitable spaces as required above, except that a window shall not be required in such spaces equipped with a mechanical ventilation system of sufficient capacity to provide at least one complete air change each six (6) minutes. Air exhausted by a mechanical ventilation system from a bathroom or toilet room shall discharge to the outdoors and shall not be recirculated.
C. Cooking facilities. Unless approved through the certificate of occupancy, cooking shall not be permitted in any rooming unit or dormitory unit, and a cooking facility or appliance shall not be permitted to be present in a rooming unit or dormitory unit.
Exception: Where specifically approved in writing by the Director.
D. Process ventilation. Where injurious, toxic, irritating or noxious fumes, gases, dusts, or mists are generated, a local exhaust ventilation system shall be provided to remove the contaminating agent at the source. Air shall be exhausted to the exterior and not be recirculated to any interior space.
E. Clothes dryer exhaust. Systems to manage exhaust from clothes dryers shall be independent of all other systems and shall be installed in accordance with the manufacturer's instructions.

16.24.400 Occupancy limitations.
A. Privacy. Dwelling units, hotel units, rooming units, and dormitory units shall be arranged to provide privacy and be separate from other adjoining spaces.
B. Minimum room widths. A habitable space, other than a kitchen, shall not be less than seven feet (7') in any plan dimension. Kitchens shall have a clear passageway of not less than three feet (3') between counter fronts and appliances or counter fronts and walls.
C. Minimum ceiling heights. Habitable spaces, hallways, corridors, laundry areas, bathrooms, toilet rooms and habitable basement areas shall have a clear ceiling height of not less than seven feet (7').
Exceptions:
1. In one-and-two-family dwellings, beams or girders spaced not less than four feet (4') on center and projecting not more than six inches (6") below the required ceiling height.
2. Basement rooms in one-and two-family dwellings occupied exclusively for laundry, study, or recreation purposes, having a ceiling height of not less than six feet eight inches (6'8") and not less than six feet four inches (6'4") of clear height under beams, girders, ducts and similar obstructions.
3. Rooms occupied exclusively for sleeping, study or similar purposes and having a sloped ceiling over all or part of the room, with a clear ceiling height of at least seven feet (7') over not less than one-half of the required minimum floor area. In calculating the floor area of such rooms, only those portions of the floor area with a clear ceiling height of five feet (5') or more shall be included.
D. Bedroom requirements. Every bedroom shall comply with the requirements of Sections 16.24.400(E) through (I).
E. Area for sleeping purposes. Every bedroom occupied by one person shall contain at least seventy (70) square-feet of floor area, and every bedroom occupied by more than one person shall contain at least fifty (50) square-feet of floor area for each occupant thereof.
F. Access from bedrooms. Bedrooms shall not constitute the only means of access to other bedrooms or habitable spaces and shall not serve as the only means of egress from other habitable spaces.
Exception: Units that contain fewer than two bedrooms.
G. Water closet accessibility. Every bedroom shall have access to at least one water closet and one lavatory without passing through another bedroom. Every bedroom in a dwelling unit shall have access to at least one water closet and lavatory located in the same story as the bedroom or an adjacent story.
H. Prohibited occupancy. Kitchens and non-habitable spaces shall not be used for sleeping purposes.
I. Other requirements. Bedrooms shall comply with the applicable provisions of this code including, but not limited to, the light, ventilation, room area, ceiling height and room width requirements; the plumbing facilities and water-heating facilities requirements; the heating facilities, electrical receptacle requirements; and the smoke detector and emergency escape requirements.
J. Overcrowding. Dwelling units shall not be occupied by more occupants than are permitted by the minimum area requirements of Table 16.24.400.

TABLE 16.24.400
MINIMUM AREA REQUIREMENTS
SPACE MINIMUM AREA IN SQUARE FEET
1-2 occupants 3-5 occupants 6 or more occupants
Living room No requirements(a, b) 120 150
Dining Room No requirements(a, b) 80 100
Kitchen 50 50 60
Bedrooms Shall comply with Section 16.24.400 E.

a. See Section 16.24.400(L) for combined living room/dining room spaces.
b. See Section 16.24.400(K) for limitations on determining the minimum occupancy area for sleeping purposes.

K. Sleeping area. The minimum occupancy area required by Table 16.24.400 shall not be included as a sleeping area in determining the minimum occupancy area for sleeping purposes. All sleeping areas shall comply with Section 16.24.400(D).
L. Combined spaces. Combined living room and dining room spaces shall comply with the requirements of Table 16.24.400 if the total area is equal to that required for separate rooms and if the space is located so as to function as a combination living room and dining room.
M. Efficiency unit. Nothing in this section shall prohibit an efficiency living unit from meeting the following requirements:
1. An efficiency living unit occupied by not more than two occupants shall have a clear floor area of not less than two hundred and twenty (220) square feet. A unit occupied by three occupants shall have a clear floor area of not less than three hundred and twenty (320) square feet. These required areas shall be exclusive of the areas required by Items 2 and 3.
2. An efficiency living unit shall be provided with a kitchen sink, cooking appliance, and refrigeration facilities, each having a clear working space of not less than thirty inches (30") in front. Light and ventilation shall be provided in conformance with this code.
3. An efficiency living unit shall be provided with a separate bathroom containing a water closet, lavatory, and bathtub or shower.
4. An efficiency living unit shall have a maximum number of occupants of three.
N. Food preparation. All spaces to be occupied for food preparation purposes shall contain suitable space and equipment to store, prepare and serve foods in a sanitary manner. There shall be adequate facilities and services for the sanitary disposal of food wastes and refuse, including facilities for temporary storage.

16.24.410 Plumbing fixtures and fixture requirements.
A. Dwelling units. Every dwelling unit shall contain a bathtub or shower, lavatory, water closet, and kitchen sink which shall be maintained in a sanitary, safe working condition. The lavatory shall be placed in the same room as the water closet or be located in close proximity to the door leading directly into the room in which such water closet is located. A kitchen sink shall not be used as a substitute for the required lavatory.
B. Rooming houses. At least one water closet, lavatory, and bathtub or shower shall be supplied for each four rooming units in a rooming house.
C. Hotel. Where private water closets, lavatories, and baths or showers are not provided, one water closet, one lavatory, and one bathtub or shower having access from a public hallway shall be provided for each ten (10) occupants of any hotel.
D. Employee facilities. A minimum of one water closet, one lavatory, and one drinking facility shall be available to employees. Drinking facilities shall be a drinking fountain, water cooler, bottled water cooler, or disposable cups next to a sink or water dispenser. Drinking facilities shall not be located in toilet rooms or bathrooms.

16.24.420 Toilet rooms.
A. Privacy. Toilet rooms and bathrooms shall provide privacy and shall not constitute the only passageway to a hall, other space, or to the exterior. A door and interior locking device shall be provided for all common or shared bathrooms and toilet rooms in a multiple dwelling.
B. Location. Toilet rooms and bathrooms serving hotel units, rooming units, or dormitory units, shall have access by traversing not more than one (1) flight of stairs and shall have access from a common hall or passageway.
C. Location of employee toilet facilities. Toilet facilities for employee use shall have access from within the employees' regular working area. Required toilet facilities shall be located not more than one (1) story above or below the employees' regular working area and the path of travel to such facilities shall not exceed a distance of five hundred feet (500'). Employee facilities shall either be separate facilities or public customer facilities.
Exception: Facilities that are required for employees in storage structures or kiosks, which are located in adjacent structures under the same ownership, lease or control, shall not exceed a travel distance of 500 feet from the employees' regular working area to the facilities.

16.24.430 Plumbing systems and fixtures--General.
A. General. All plumbing fixtures shall be properly installed and maintained in working order, shall be kept free from obstructions, leaks and defects, and shall be capable of performing the function for which such plumbing fixtures are designed. All plumbing fixtures shall be maintained in a safe, sanitary and functional condition.
B. Fixture clearances. All plumbing fixtures shall have adequate clearances for usage and cleaning.
C. Plumbing system hazards. Where it is found that a plumbing fixture or system in a building, structure, or premises constitutes a hazard to the occupants or the building, structure, or premises by reason of inadequate service, inadequate venting, cross connection, back siphonage, improper installation, deterioration, damage, or for similar reasons, the Director shall require the defects to be corrected to eliminate the hazard.

16.24.440 Water system.
A. General. Every sink, lavatory, bathtub or shower, drinking fountain, water closet, or other plumbing fixture shall be properly connected to either a public water system or to an approved private water system. All kitchen sinks, lavatories, laundry facilities, bathtubs, and showers shall be supplied with hot or tempered and cold running water in accordance with the plumbing code.
B. Contamination. The water supply shall be maintained free from contamination and all water inlets for plumbing fixtures shall be located above the flood-level rim of the fixture. Shampoo basin faucets, janitor sink faucets, and other hose bibs or faucets to which hoses are attached and left in place shall be protected by an approved atmospheric-type vacuum breaker or an approved permanently attached hose connection vacuum breaker.
C. Supply. The water supply system shall be installed and maintained to provide a supply of water to plumbing fixtures, devices, and appurtenances in sufficient volume and at pressures adequate to enable the fixtures to function properly, safely, and free from defects and leaks.
D. Water heating facilities. Water heating facilities shall be properly installed and maintained, and shall provide an adequate amount of water to be drawn at every required sink, lavatory, bathtub, shower, and laundry facility at a temperature of not less than 120 degrees Fahrenheit. A gas-burning water heater shall not be located in any bathroom, toilet room, bedroom, or other occupied room normally kept closed, unless adequate combustion air is provided. An approved combination temperature and pressure-relief valve and relief valve discharge pipe shall be properly installed and maintained on water heaters.

16.24.450 Sanitary drainage system.
A. General. All plumbing fixtures shall be properly connected to either a public sewer system or to an approved private sewage disposal system.
B Maintenance. Every plumbing stack, vent, and waste and sewer line shall function properly and be kept free from obstructions, leaks, and defects.

16.24.460 This section reserved.

16.24.470 Heating facilities.
A. Facilities required. Heating facilities shall be provided in buildings and structures as required by this section.
B. Residential occupancies. Dwellings shall be provided with heating facilities capable of maintaining a room temperature of sixty-five degrees (65) Fahrenheit in all habitable rooms, bathrooms, and toilet rooms based on a winter outdoor design temperature of fourteen degrees (14) Fahrenheit, in accordance with Appendix D of the 2000 Edition of the Standard Plumbing Code. Cooking appliances shall not be used to provide space heating to meet the requirements of this section.
C. Heat supply. Every owner, lessee, or operator of any building or structure who rents, leases, or lets one or more dwelling units, rooming units, dormitory rooms, or guestrooms on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat during the period from October 1 to April 30 to maintain a temperature of not less than sixty-five degrees (65) Fahrenheit in all habitable rooms, bathrooms, and toilet rooms.
Exception: When the outdoor temperature is below the winter outdoor design temperature for the locality, maintenance of the minimum room temperature shall not be required provided that the heating system is operating at its full design capacity.
D. Occupiable work spaces. Indoor occupiable work spaces shall be supplied with heat during the period from October 1 to April 30 to maintain a temperature of not less than sixty-five degrees (65) Fahrenheit, when the spaces are occupied.
Exceptions:
1. Processing, storage. and operation areas that require cooling or special temperature conditions
2. Areas in which persons are primarily engaged in vigorous physical activities.
E. Room temperature measurement. Required room temperatures shall be measured three feet (3') above the floor at a point near the center of the room and at points two feet (2') inward from the center of each exterior wall.

16.24.480 Mechanical equipment.
A. Mechanical appliances. All mechanical appliances, fireplaces, solid fuel-burning appliances, cooking appliances, and water heating appliances shall be properly installed and maintained in a safe working condition and shall be capable of performing the intended function.
B. Removal of combustion products. All fuel-burning equipment and appliances shall be connected to an approved chimney or vent.
Exception: Fuel-burning equipment and appliances that are labeled by the manufacturer for ventless operation.
C. Clearances. All required clearances from any mechanical equipment to combustible materials shall be maintained.
D. Safety controls. All safety controls for fuel-burning equipment shall be maintained in effective operation.
E. Combustion air. A supply of air for complete combustion of the fuel and for adequate and safe ventilation of the space containing the fuel-burning equipment shall be provided for the fuel-burning equipment.
F. Energy conservation devices. Devices intended to reduce fuel consumption by attachment to a fuel-burning appliance, to the fuel supply line thereto, or to the vent outlet or vent piping system therefrom, shall not be installed unless labeled by for such purpose and the installation is specifically approved.

16.24.490 Electrical facilities.
A. Facilities required. Every occupied building or structure shall be provided with an electrical system in compliance with the requirements of this Section and Section 16.24.530.
B. Service. Service to a dwelling unit shall be a minimum of 100 ampere, with three-wire capacity and service equipment shall be dead-front, having no live parts exposed whereby accidental contact could be made. Type "S" fuses shall be installed when fused equipment is used.
Exception: Existing service of 60 ampere, three-wire capacity, and feeders of 30 ampere or larger two-or-three-wire capacity shall be accepted if adequate for the electrical load being served.
C. Electrical system hazards. Where it is found that the electrical system in a building or structure constitutes a hazard to the occupants or the building or structure by reason of inadequate service, improper fusing, insufficient receptacle and lighting outlets, improper wiring or installation, deterioration, damage, or for similar reasons, the Director shall require the defects to be corrected to eliminate the hazard.

16.24.500 Electrical equipment.
A. Installation. All electrical equipment, wiring, and appliances shall be properly installed and maintained in a safe and approved manner.
B. Receptacles. Every habitable space in a dwelling shall contain at least two separate and remote receptacle outlets. Every laundry area shall contain at least one grounded-type receptacle or a receptacle with a ground fault circuit interrupter. Every bathroom shall contain at least one receptacle. Any new bathroom receptacle outlet shall have ground fault circuit interrupter protection.
C. Lighting fixtures. Every public hall, interior stairway, toilet room, kitchen, bathroom, laundry room, boiler room, and furnace room shall contain at least one electric lighting fixture.

16.24.510 Elevators, escalators, and dumbwaiters.
A General. Elevators, dumbwaiters, and escalators shall be maintained to sustain safely all imposed loads, to operate properly, and to be free from physical and fire hazards. The most current certificate of inspection shall be on display at all times within any elevator or shall be attached to the escalator or dumbwaiter; or the certificate shall be available for public inspection in the office of the building or structure operator.
B. Elevators. In buildings equipped with passenger elevators, at least one elevator shall be maintained in operation at all times when the building is occupied.
Exception: Buildings equipped with only one elevator shall be permitted to have the elevator temporarily out of service for testing or servicing.

16.24.520 Duct systems--General.
Duct systems shall be maintained so as to be free of obstructions and capable of performing their required function.

16.24.530 Fire safety requirements--Means of egress.
A. General. A safe, continuous, and unobstructed means of egress shall be provided from any point in a building or structure to the public way, in accordance with the requirements of the building code and fire code as adopted by the Metropolitan Government.
B. Emergency escape and rescue openings. Basements with habitable rooms and every sleeping room shall have at least one openable emergency escape and rescue window or exterior door opening. Where openings are provided as a means of escape and rescue they shall have a sill height of not more than forty-four inches (44"). The net clear opening dimension required by this code shall be obtained by the normal operation of the window or door opening from the inside. Escape and rescue window openings with a sill height below the adjacent ground level shall be provided with an approved window well.
C. Minimum net clear opening. All emergency escape and rescue openings shall have a minimum net clear opening of four (4) square feet.
D. Minimum net clear opening height. All emergency escape and rescue openings shall have minimum net clear opening height twenty-four inches (24").
E. Minimum net clear opening width. All emergency escape and rescue openings shall have a minimum net clear opening width of twenty inches (20").
F. Operation. Required emergency escape and rescue openings shall be operational from the inside of the room or space without the use of keys or special tools, knowledge, or effort. Bars, grilles, grates, or similar devices are permitted to be placed over emergency escape and rescue openings provided the minimum net clear opening size complies with the building code and such devices shall be releasable or removable from the inside without the use of a key, tool, or force greater than that which is required for normal operation of the escape and rescue opening. Where such bars, grilles, grates, or similar devices are installed in existing buildings, smoke detectors shall be installed in accordance with Section 16.24.550.
G. Aisles. The required width of aisles in accordance with the fire code shall be unobstructed.
H. Locked doors. All means of egress doors shall be readily openable from the side from which egress is to be made without the need for keys, tools, or special knowledge or effort, except where the door hardware conforms to that permitted by the building code.

16.24.540 Fire resistance ratings.
A. Fire-resistance-rated-assemblies. The required fire-resistance rating of fire-resistance-rated walls, fire stops, shaft enclosures, partitions, and floors shall be maintained.
B. Opening protectives. Required opening protectives shall be maintained in an operative condition. All fire and smoke stop doors shall be maintained in operable condition. Fire doors and smoke barrier doors shall not be blocked, obstructed, or otherwise made inoperable.

16.24.550 Fire protection systems.
A. Smoke detectors. Existing Group R occupancies not already provided with single-station smoke alarms/detectors shall be provided with approved single-station smoke alarms/detectors.
B. Installation.
1. In existing one- and two- family dwellings, approved single-station
smoke alarms/detectors shall be installed
(a.) outside of each separate sleeping area, in the immediate vicinity of the sleeping rooms; and
(b.) on each additional story of the dwelling unit including basements.
2. In all other existing Group R occupancies, installation shall be in accordance with the Fire Code.
C. Power source. In Group R occupancies, single-station smoke alarms/detectors shall be battery operated or shall receive their primary power from the building wiring provided that such wiring is served from a commercial source. When power is provided by the building wiring, the wiring shall be permanent and without a disconnecting switch other than those required for overcurrent protection.

Article VI. Dwellings and Structures Unfit for Human Habitation,
Occupation, or Use

16.24.560 Findings, appointment, and purpose.
The Metropolitan Council finds that there exists in Metropolitan Nashville and Davidson County dwellings and structures that are unfit for human habitation, occupation, or use 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 structures unsafe or unsanitary, or dangerous or detrimental to the health, safety or morals, or otherwise inimical to the welfare of the residents of Metropolitan Nashville and Davidson County. Therefore, the Director of the Department of Codes Administration is hereby appointed to enforce this code and to implement the power conferred upon the Metropolitan Government by Tennessee Code Annotated, Title 13, Section 21 to exercise its police powers to repair, close, or demolish the aforementioned dwellings and structures in the manner herein provided.

16.24.570 Determination of unfitness for habitation, occupation or use.
Any dwelling or structure is unfit for human habitation, occupation, or use if conditions exist which, in the opinion of the Director, are dangerous or injurious to the health, safety, or morals of the occupants of dwelling or structure, the occupants of neighboring buildings, structures, or premises, or other residents of the Metropolitan Government area. Such conditions may include the following, without limiting the generality of the foregoing, defects therein increasing the hazards of fire, accident, or other calamities; inadequate means of egress; lack of adequate ventilation, light, or sanitary facilities; dilapidation; disrepair; structural defects; and unsanitary conditions.

16.24.580 Complaint procedures--Hearing.
Whenever a petition is filed with the Department by the Metropolitan Development and Housing Authority ("MDHA"), other public authority or its' agent, or at least five (5) residents of Davidson County charging that any dwelling or structure is unfit for human habitation, occupation, or use, or whenever it appears to the Director or the Director's agent (on the Director's own motion), that any dwelling or structure is unfit for human habitation, occupation, or use, the Director shall, if the 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 Director or the Director's designated agent at a place therein fixed, not less than ten (10) days nor more than thirty (30) days after the serving of such complaint, that:
1. The owner or parties in interest or both shall be given the right to file an answer to the complaint and to appear in person, or otherwise, and give testimony at the place and time fixed in the complaint; and
2. The rules of evidence prevailing in courts of law or equity shall not be controlling in hearings before the Director.

16.24.590 Order to repair, vacate or demolish required when.
If, after such notice and hearing, as provided in Section 16.24.580, the Director or the Director's authorized agent determines that the dwelling or structure under consideration is unfit for human habitation, occupation, or use, the individual making the determination shall state in writing the findings of fact in support of such determination and shall issue and cause to be served upon the owner thereof an order:

1. If the repair, alteration, or improvement of such dwelling, structure or accessory dwelling or structure can be made at a cost not to exceed fifty percent (50%) of the value of the dwelling or structure, requiring the owner, within the time specified in the order, to repair, alter or improve such building or structure to render it fit for human habitation, occupation or use, or to vacate and close the building or structure as a place of human habitation, occupation or use. The order shall allow a reasonable time for the performance of any act it requires. For the purposes of this Article, the value of the dwelling or structure shall be assumed to be that established by the Tax Assessors Office.
a. If the owner fails to comply with the order to repair, alter, improve, or vacate and close the dwelling or structure, the Director may cause such dwelling or structure to be repaired, altered, improved, or vacated and closed, and may cause to be posted on the main entrance of any dwelling or structure so vacated and closed, a placard with the following words, "This Building Is Unfit for Human Habitation, Occupation or Use. The Use or Occupancy of This Building is Unlawful and Prohibited by Order of the Director of the Department of Codes Administration." Such placard shall remain posted until the required repairs, alterations, or improvements are made. It is unlawful for any person to remove such notice without written permission of the Director or for any person to enter such dwelling or structure except for the purpose of making the required repairs, alterations, or improvements.
b. A dwelling or structure closed pursuant to this Section shall be securely closed by boarding-up all exterior openings such that a person could not gain entry without the use of a key, special tool, or significant physical effort. It shall be the duty of the owner to ensure that dwelling or structure remains closed.
c. It shall be unlawful to occupy or use a dwelling or structure ordered vacated pursuant to this Section until a valid certificate of occupancy has been issued.

2. If the repair, alteration, or improvement of such dwelling, structure, or accessory dwelling or structure cannot be made at a cost not to exceed fifty percent (50%) of the value of the dwelling or structure, requiring the owner within the time specified in the order to remove or demolish such dwelling or structure. For the purposes of this Article, the value of the dwelling or structure shall be assumed to be that established by the Tax Assessors Office.
a. The Director, upon issuing an order to the owner to remove or demolish, shall forward a copy of said order to the Vacant Property Review Commission ("the Commission"), and, for the purposes of assisting the Commission in its review, supply the Commission with a copy of the related Structural and Dwelling Unit Inspection Record, Complaint, and title research report. The Department of Codes Administration may supplement these documents with pertinent information acquired during its investigation and hearing.
b. If the owner fails to comply with an order to remove or demolish the dwelling or structure, the Director may cause such dwelling or structure to be removed or demolished, except that when the Director has been notified by the Commission of its intent to gain control of such dwelling or structure prior to the letting of bids for demolition, in which case the Department shall suspend its effort to remove or demolish the dwelling or structure pending notice to proceed from the Commission.

16.24.600 Complaint and order--Service.
Any complaint and order issued pursuant to this Article shall be served upon owners and parties in interest either personally or by certified or registered mail, but if the whereabouts of any such person or entity is unknown and the same cannot be ascertained by the Director in the exercise of reasonable diligence, and the Director shall make an affidavit to that effect, then the serving of such complaint or order of such persons or entities may be made by publishing the same once each week for two (2) consecutive weeks in a newspaper printed and published and in general circulation throughout the area of jurisdiction of the Metropolitan Government. A copy of such complaint or order shall be posted in a conspicuous place upon the dwelling or structure affected by such complaint or order. A copy of such complaint and order shall be filed in the Register's Office of Davidson County, and such filing of the complaint or order shall have the same force and effect as other lis pendens notices provided by law.

16.24.610 Appeal.
The owner, or the owner's authorized agent, and any party in interest, or its authorized agent shall have the right to appeal from the order of the Director and to appear before the Board of Property Standards and Appeals at a specified time and place to show cause why the owner should not comply with any notice issued pursuant to this code. Requests for Appeals shall be by written petition completed on forms supplied by the Director and shall be filed with the Director within twenty (20) days from the date of service.

16.24.620 Warning placards.
Where upon inspection, a vacant dwelling or structure is determined to be unfit for human occupation or use, the Director shall immediately cause to be on the main entrance a placard with the following words, "This Building Is Unfit for Human Habitation, Occupation or Use. The Use or Occupancy of This Building is Unlawful and Prohibited by Order of the Director of the Department of Codes Administration." Such notice shall remain posted until the required repairs, alterations, or improvements are made or until such time as the dwelling or structure is removed or demolished. It is unlawful for any person to remove such placard without written permission of the Director or for any person to enter such dwelling or structure except for the purpose of making the required repairs, alterations, or improvements, or removing or demolishing the dwelling or structure.

16.24.630 Removal or demolition of buildings--Notice to vacate.
If the owner fails to comply with an order to remove or demolish a building or structure, the Director may cause such building or structure to be removed or demolished to secure the intent of this code. When doing so, the Director shall, whenever an occupied building or structure has been condemned and ordered removed or demolished, and the owner has failed to appeal to the Board of Property Standards and Appeals or has unsuccessfully appealed to said Board, notify the tenant of such action in writing, and order such tenant to vacate the premises within a specified time, if necessary, or to do and perform such acts or works as may be necessary to fulfill the orders set forth in such notice. Should such tenants fail or refuse to promptly comply with such notice or orders, they shall be deemed guilty of a violation of this code.

16.24.640 Demolition of building--Disposal of debris.
Every person repairing, altering, improving, moving, or demolishing a building or structure pursuant to this code and removing debris therefrom shall cause all such debris to be thoroughly dampened with water or covered to prevent the spread of such debris or dust to adjacent properties, whether public or private. In the case of demolition, it shall be the responsibility of the person demolishing a dwelling or structure to remove from the premises all demolition debris resulting from such demolition, to properly dispose of all demolition debris in a manner prescribed by the Director of Public Works, and to fill any below-grade area with approved fill materials to grade level or to provide suitable protective fencing around any such below-grade area.

16.24.650 Costs of repair or demolition--Lien on property.
A. The amount of the direct and indirect costs of such repairs, alterations, or improvements, or vacating and closing, or removal or demolition by the Department shall be assessed against the owner of the property, and shall, upon the filing of the notice with the office of the Register of Deeds of Davidson County, be a lien on the property in favor of the Metropolitan Government of Nashville and Davidson County, second only to liens of the State of Tennessee and Metropolitan Government of Nashville and Davidson County for taxes, any lien of the Metropolitan Government of Nashville and Davidson County 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 Metropolitan Trustee 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.

B. In addition, the Metropolitan Government may collect the costs assessed against the owner through an action for debt filed in any court of competent jurisdiction. The Metropolitan Government may bring one (1) action for debt against more than one or all of the owners of properties against whom said costs have been assessed, and the fact that multiple owners have been joined in one (1) action shall not be considered by the court as a misjoinder of parties. If the structure is removed or demolished by the Director, the Director 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 Director, 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 Metropolitan Government to define and declare nuisances and to cause their removal or abatement, by summary proceedings or otherwise.

16.24.660 Failure to comply--Penalty.
The owner, party in interest, lessee, agent, or person or entity in control of such dwelling or structure that is unfit for human occupation or use, upon failure or refusal to comply with a notice to repair, alter, improve, vacate and close, remove or demolish, such dwelling or structure, shall be guilty of a misdemeanor and subject to the penalties prescribed in this code.

Chapter 2.88

Board of Property Standards and Appeals

Sections:
2.88.010 Created.
2.88.020 Appointment, qualifications, compensation and term of office.
2.88.030 Organization and officers.
2.88.040 Quorum--Number of votes required for certain actions.
2.88.050 Rules and regulations for conduct of business.
2.88.060 Hearing petitions and procedures.
2.88.070 Effect of Board actions--Appeals stay imposition of order.
2.88.080 Records of Board decisions.
2.88.090 Appeals from Director and or Board decisions.

2.88.010 Created.
There is created a Metropolitan Board of Property Standards and Appeals.

2.88.020 Appointment, qualifications, compensation and term of office.
A. The Board of Property Standards and Appeals ("the Board") shall consist of seven (7) members, who shall have been residents of the area of the Metropolitan Government area for not less than one year, and who shall continue to be eligible so long as they shall serve, to be appointed by the Mayor and confirmed by a majority vote of the whole membership of the Metropolitan Council. The members of the Board shall serve without compensation, and may be removed from membership on the Board by the Mayor for continued absence from meetings of the Board or other just causes. Replacements for any members that resign or are dismissed from the Board shall be appointed by the Mayor and confirmed by the Metropolitan Council in the same manner as prescribed for regular appointees. Any member appointed as a replacement shall serve only for the remainder of the term of the member replaced, unless subsequently reappointed for an additional term according to the procedures set forth above.
B. Of the seven members first appointed, two shall be appointed for a term of one year, two shall be appointed for a term of two years, two shall be appointed for a term of three years, and one shall be appointed for a term of four years. Thereafter, each member shall be appointed for a term of four years and shall serve until the member's successor is appointed, except that no member shall serve for more than two consecutive terms.
C. One member of the Board shall be qualified in the field of building construction and materials, one member in the field of labor, one member in the field of finance, one member in the field of real estate, and one member in the field of business. Two members may be appointed at large, provided that not more than two members in any of the categories listed above may serve on the Board at the same time.

2.88.030 Organization and officers.
Within ten (10) days after its appointment, the Board shall organize itself by election of one of its number as Chairman and another as Vice-chairman. The Director or the Director's duly authorized representative shall serve as Secretary to the Board and shall be custodian of the minutes and records of the proceedings of the Board.

2.88.040 Quorum--Number of votes required for certain actions.
The presence of four (4) members of the Board shall be necessary to constitute a quorum for the conduct of business. The concurring vote of a majority of those members present, but not less than four affirmative votes, shall be necessary to approve or modify any order, requirement or decision of the Director, or to decide in favor of either the Director or the appellant on any matter upon which the Board is required to pass or effect any modification.

2.88.050 Rules and regulations for conduct of business.
The Board shall adopt such rules and regulations as it deems necessary to conduct its business. The Board, in open meetings, shall hear all appeals from decisions or rulings made by the Director.

2.88.060 Hearing petitions and procedures.
A. When it is claimed that the provisions of this Chapter and Chapter 16.24 of this title do not apply, or when it is claimed that the true intent and meaning of this Chapter, Chapter 16.24, or any of the regulations hereunder have been misconstrued or wrongly interpreted, or when the owner of any dwelling or structure affected by an order, issued in connection with the enforcement of this Chapter and Chapter 16.24, feels that the owner have just cause for an appeal, the owner of such dwelling or structure, or the owner's duly authorized agent, may request and shall be granted a hearing before the Board, provided, that such person shall file in the office of the Director a written petition completed pursuant to the rules, regulations, and requirements of the Board, within (20) days after the date the order was served.
B. Upon timely receipt of such petition, the Director shall set a time and place for a hearing before the Board in accordance with its rules and regulations, and shall give the petitioner written notice thereof. At such hearing, the petitioner shall be given an opportunity to be heard and to show why such order should be modified. The hearing shall be commenced within a reasonable period after such notification and in no event less than ten (10) days nor more than thirty (30) days after the completed petition was filed.
C. When any person affected by an order of the Director makes an appeal to the Board, the councilman of the person's district shall be notified of the appeal and the time and place of such hearing.

2.88.070 Effect of Board actions--Appeals stay imposition of order.
A. The Board, after hearing the evidence presented, may sustain or modify the provisions of the order, depending upon its findings, so as to secure the intent and purposes of this Chapter and Chapter 16.24. Whenever such findings are made that strict compliance with this subchapter or any order issued hereunder would impose undue or unreasonable hardship upon the owner or occupants of property affected, the Board may modify the order and extend the time limit given in the order for compliance, and may further stipulate special conditions to be met by the owner as mandatory conditions to such extension of time or modification of the order. If the Board sustains or modifies such order, it shall be deemed a final order unless appealed therefrom.
B. No person or party in interest who has appealed the order of the Director to the Board in accordance to the provisions for appeal hereinabove set forth, shall be subject to any penalty for the violation of this Chapter or Chapter 16.24 until the board has issued a final order sustaining or modifying the order of the Director, with which final order the appellant refuses or fails to comply, and any appeal thereon is finally disposed of by a court of competent jurisdiction.

2.88.080 Records of Board decisions.
The findings and decisions of the Board shall be summarized, reduced to writing, and entered as a matter of public record in the office of the Director.

2.88.090 Appeals from Director and or Board decisions.
Any person aggrieved by the decision of the Board or by an order of the Director, may seek relief therefrom in any court of competent jurisdiction, as provided by the laws of the State.

SECTION 2: That this ordinance shall take effect after its passage, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: David Briley

LEGISLATIVE HISTORY

Substitute Introduced: February 20, 2001
Referred to: Budget & Finance Committee
Codes Committee
Passed Second Reading: February 20, 2001
Motion to Re-Consider made & seconded: February 20, 2001
Motion Fails: March 6, 2001
Passed Third Reading: March 20, 2001
Approved: March 22, 2001
By: