SUBSTITUTE ORDINANCE NO. BL2011-912
An ordinance amending Chapter 2.20 of the Metropolitan Code establishing an Office of Administrative Hearing Officer in accordance with Title 6, Chapter 54, Part 10 of the Tennessee Code Annotated.
WHEREAS, T.C.A. § 6-54-1001, et seq., enables municipalities, by ordinance, to create the Office of Administrative Hearing Officer to hear building and property maintenance code violations; and
WHEREAS, in order to promote and protect the health, safety, and welfare of the residents of the Metropolitan Government, the Metropolitan Council deems it necessary to create a Metropolitan Office of Administrative Hearing Officer.
NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:
Section 1. That Chapter 2.20 of the Metropolitan Code is hereby amended by adding the following new Section 2.20.130:
2.20.130 Metropolitan administrative hearing officer.
A. In accordance with Title 6, Chapter 54, Part 10 of the Tennessee Code Annotated, there is hereby created the Metropolitan Office of Administrative Hearing Officer to hear violations of any of the provisions codified in Title 16, Buildings and Construction, of the Metropolitan Code, as amended from time to time. The utilization of the administrative hearing officer shall be at the discretion of the department of codes administration, and shall be an alternative to the enforcement provisions included in Title 16.
B. There are hereby created two administrative hearing officer positions to be appointed by the Metropolitan Council, who shall serve at the pleasure of the Metropolitan Council in accordance with T.C.A. §6-54-1006(a). An administrative hearing officer shall be one (1) of the following:
1. Licensed building inspector;
2. Licensed plumbing inspector;
3. Licensed electrical inspector;
4. Licensed attorney;
5. Licensed architect; or
6. Licensed engineer.
C. The amount of compensation for the administrative hearing officers shall be approved by the Metropolitan Council upon adoption of a Resolution receiving twenty-one (21) affirmative votes.
D. Clerical and administrative support for the Office of Administrative Hearing Officer shall be provided by the department of codes administration.
E. Administrative hearing officers shall perform all of the duties and abide by all of the requirements provided in Title 6, Chapter 54, Part 10 of the Tennessee Code Annotated.
F. The Vice Mayor shall appoint a special advisory committee to submit a list of persons to the Metropolitan Council that the committee deems best qualified to serve as administrative hearing officers. The special advisory committee shall include, but does have to be limited to, the following:
1. The Director of the Department of Codes Administration or his/her designee;
2. The Director of Law or his/her designee; and
3. The Chair of the Council Codes, Fair, and Farmers Market Committee.
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: Charlie Tygard, Vivian Wilhoite, Erik Cole, Mike Jameson, Phil Claiborne, Erica Gilmore
|Introduced:||May 3, 2011|
|Passed First Reading:||May 3, 2011|
|Referred to:||Budget & Finance Committee
|Deferred:||May 17, 2011|
|Substitute Introduced:||June 7, 2011|
|Passed Second Reading:||June 7, 2011|
|Passed Third Reading:||June 21, 2011|
|Approved:||June 22, 2011|