ORDINANCE NO. BL2002-1128
An ordinance deleting Title 12, Section 12.08.210 of the Metropolitan Code of Laws and inserting a new Section 12.08.210 changing the definition of “abandoned motor vehicle” and providing for abandoned personal property.
Whereas, the present
definition of an “abandoned motor vehicle” in Title 12, Section
12.080.210 does not include the contents of an abandoned motor vehicle; and
Whereas, it would appear advisable for the Metropolitan Government to adopt new language to address contents left in an abandoned motor vehicle; and
Whereas, it is necessary to provide for the disposal of the contents of an abandoned vehicle;
Now, therefore be it enacted by the Metropolitan Council of The Metropolitan Government of Nashville and Davidson County that:
Section 1. Chapter 12.08 of the Metropolitan Code of Laws is hereby amended by deleting Section 12.08.210 in its entirety and inserting the following:
A. No person shall permit an abandoned vehicle to remain on any alley, street, highway or thoroughfare within the area of the metropolitan government.
B. "Abandoned motor vehicle," for the purposes of this chapter, means a motor vehicle that is over four years old including any contents of that vehicle, that is left unattended on public property for more than ten days, or a motor vehicle that is in an obvious state of disrepair and is left unattended on public property for more than three days.
C. "Obvious state of disrepair" means a motor vehicle exhibiting one or more of the following characteristics: inoperable under its own power, without one or more wheels or inflated tires, burned throughout, or with more than one broken window.
D. "Motor vehicle" means any self-propelled, wheeled conveyance that does not run on rails.
E. "Demolisher" means any person whose business is to convert a motor vehicle into processed scrap or scrap metal, or otherwise to wreck or dismantle motor vehicles.
F. "Public property," for the purposes of this section, shall include but not be limited to, any alley, street, highway or thoroughfare within the area of the metropolitan government.
G. The department of codes administration is authorized to investigate any alleged violations of this section and to enforce the provisions of this section.
H. When, after investigation, the department of codes administration determines that a motor vehicle may constitute an abandoned motor vehicle, the department shall attach a notice to the vehicle. The notice shall state the date and time that it was attached, the name and department of the person attaching the notice, and the location of the vehicle. The notice shall further state that the metropolitan government has determined that the vehicle may constitute an abandoned vehicle, and shall set forth the date by which the owner must remove the vehicle including any contents from public property. It shall further state that if the vehicle is not removed, it will be taken into custody and demolished unless the owner files an appeal with the director of the department of codes administration within ten days of the removal date.
I. The department of codes administration may authorize other departments or boards of the metropolitan government to attach the notice described in subsection H of this section. If the notice described in subsection H of this section is attached to the vehicle by a department or board other than the department of codes administration, the department of codes administration shall be immediately informed that the notice has been attached.
J. If a vehicle to which a notice is attached pursuant to subsection H of this section is not removed by the removal date specified in such notice, an inspector from the department of codes administration may apply to the director of codes administration or his designee for authority to sell, give away, or dispose of the vehicle including any contents to a demolisher. The application shall set out the name of the applicant, the year, make, model and serial number of the motor vehicle, if ascertainable, together with any other identifying features, and shall contain a concise statement of the facts surrounding the abandonment. The application shall contain an affidavit by the inspector, stating that the facts alleged therein are true, and that no material fact has been withheld. If the director of the department of codes administration or his designee finds that the application is executed in proper form and establishes that the motor vehicle including any contents has been abandoned on public property, the director shall have the authority to allow for disposal of the vehicle including any contents to a demolisher after compliance with the notification procedures set forth in subsection K of this section.
K. If a vehicle, including any contents, to which a notice is attached pursuant to subsection H of this section is not removed by the removal date specified in such notice, the department of codes administration shall provide written notice to the owner of the vehicle and to all lienholders of record that the vehicle has been found to be abandoned. This notice shall be sent by registered or certified mail, return receipt requested, to the last known address of the owner of record and to all lienholders of record. The notice shall be written in plain language and shall contain the year, make, model and vehicle identification number of the motor vehicle, if ascertainable, the location of the motor vehicle, and a statement advising the owner that he or she has ten days to appeal the determination by the department of codes administration that the vehicle is abandoned or to remove the vehicle including any contents from the property, or the department of codes administration shall take the abandoned vehicle into custody to be sold or demolished. The notice shall further inform the owner and any lienholders that pursuant to the provisions of Tennessee Code Annotated Section 155-16-108, the vehicle may be disposed of to a demolisher immediately after it is taken into custody, but in the event the vehicle is not disposed of immediately, the owner or lienholder has the right to reclaim the motor vehicle after it is taken into custody but before it is sold or demolished, upon payment of all towing, preservation, storage or any other charges resulting from placing the vehicle in custody. The notice shall state that failure of the owner or lienholders to exercise their right to reclaim the vehicle including any contents shall be deemed a waiver by the owner and all lienholders of all right, title and interest in the vehicle and any contents and consent to the demolition of the vehicle or its sale at a public auction. If the owner or lienholder cannot be located through the exercise of due diligence, notice by publication shall be given pursuant to Tennessee Code Annotated Section 55-16-105(c).
L. If the owner or lienholder of an abandoned motor vehicle fails to appeal the determination that the vehicle is abandoned or fails to remove the motor vehicle within the time allowed for an appeal, the department of codes administration is authorized to take the vehicle including any contents into custody or to employ a private contractor to remove the vehicle including any contents from public property. The department is authorized to sell the vehicle at public auction or, by certificate of authority, as provided in Tennessee Code Annotated Section 55-16-108, to dispose of the motor vehicle including any contents to any demolisher for demolition, wrecking or dismantling or as otherwise provided by law. If an appeal is made pursuant to Section 12.08.220, the motor vehicle shall not be taken into custody or demolished until such time as the director of codes administration affirms the determination that the motor vehicle is abandoned.
M. Sale of the vehicle at public auction shall follow the procedures set forth in Tennessee Code Annotated Sections 55-16-106 through 107. (Ord. 93-620 § 2 (part), 1994)
Section 2. This ordinance shall take effect five days from its passage and such change be published in a newspaper of general circulation, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.
Sponsored by: Don
Majors, Tony Derryberry
|Introduced:||July 16, 2002|
|Passed First Reading:||July 16, 2002|
|Referred to:||Codes Committee|
|Passed Second Reading:||August 6, 2002|
|Passed Third Reading:||August 20, 2002|
|Approved:||August 21, 2002|