ORDINANCE NO. BL2000-498
An ordinance amending the Metropolitan Code, Sections 10.86.010 and 10.86.040 through 10.86.050 relative to the duties of the vacant property review commission.
NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:
SECTION 1. That the Metropolitan Code of Laws Section 10.86.010 and 10.86.040 through
10.86.050 shall be and the same are hereby amended by deleting said sections in their
entirety and substituting the following in lieu thereof:
"10.86.010 Findings and purpose.
The metropolitan council does declare that there exists in the area of The Metropolitan Government of Nashville and Davidson County blighted and deteriorated properties and that there is need within Metropolitan Government for the exercise of powers, functions and duties conferred by Tennessee Code Annotated 13-21-201 et seq. that deal with neighborhood revitalization.
(a) The Vacant Property Review Commission may certify to the Metropolitan Council properties as blighted or deteriorated after the commission has determined that:
(1) The owner of the property or designated agent has been sent an order by the Metropolitan Codes Department to eliminate the conditions that are in violation of Metropolitan codes or ordinances;
(2) The property is vacant;
(3) The property is blighted or deteriorated;
(4) The Vacant Property Review Commission has notified the property owner or designated agent that the property has been determined to be blighted or deteriorated and the time period for correction of such condition has expired and the property owner or agent has failed to comply with the notice; and
(5) The Metropolitan Planning Commission has determined that the reuse of the property for residential, commercial, industrial and related use is in keeping with the comprehensive plan.
(b) The findings required by subsection (a) shall be in writing and included in the report to the Metropolitan Council.
(c) The Vacant Property Review Commission shall notify the owner of the property or a
designated agent that a determination of blight or deterioration has been made and that
failure to eliminate the conditions causing the blight shall render the property subject
to condemnation by the municipality under this part. Notice shall be mailed to the owner
or designated agent by certified mail, return receipt requested. However, if the address
of the owner or designated agent is unknown and cannot be ascertained by the commission in
the exercise of reasonable diligence, copies of the notice shall be posted in a
conspicuous place on the property affected. The written notice sent to the owner or the
owner's agent shall describe the conditions that render the property blighted and
deteriorated, and shall demand abatement of the conditions within ninety (90) days of the
receipt of such notice.
(d) An extension of the ninety-day time period may be granted by the Vacant Property Review Commission if the owner or designated agent demonstrates that such period is insufficient to correct the conditions cited in the notice.
10.86.050 Eminent domain - Required Findings
The Metropolitan Council may, by resolution, institute eminent domain proceedings pursuant to Tennessee Code Annotated, Title 29, Chapters 16 and 17, or authorize MDHA to institute eminent domain proceedings pursuant to Tennessee Code Annotated, Title 29, Chapters 16 and 17, against any property which has been certified as blighted or deteriorated by Vacant Property Review Commission if it finds that:
(1) Such property has deteriorated to such an extent as to constitute a serious and growing menace to the public health, safety and welfare;
(2) Such property is likely to continue to deteriorate unless corrected;
(3) The continued deterioration of such property may contribute to the blighting or deterioration of the area immediately surrounding the property; and
(4) The owner of such property has failed to correct the deterioration of the property."
SECTION 2. This Ordinance shall take effect from and after its passage, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.
Sponsored by: David Briley & Chris Ferrell
|Introduced:||November 9, 2000|
|Passed First Reading:||November 9, 2000|
|Referred to:||Codes Committee|
|Deferred to December 19, 2000:||November 21, 2000|
|Deferred:||December 19, 2000|
|Deferred:||January 16, 2001|
|Deferred:||February 6, 2001|
|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|