AN ORDINANCE TO AMEND TITLE 13, CHAPTER 1, OF THE CLEVELAND MUNICIPAL CODE BY ADDING THERETO A NEW SECTION 13-107.
BE IT ORDAINED BY THE CITY OF CLEVELAND, TENNESSEE, THAT:
Section 1. The Cleveland Municipal Code is amended by adding to Title 13, Chapter 1, a new section 13-107, as follows:
13-107. Removal from property of unsafe and unhealthy man-made and natural material at property owner’s expense.
(1) Prohibition. It shall be unlawful for any owner of any real property in the city to create, maintain, or permit to be maintained on such property any unsafe and unhealthy man-made and natural materials, including junk motorized and non-motorized vehicles and carriage of every kind and description, debris, trash, litter and garbage, and growth of vegetation, including weeds, trees, vines, grass and underbrush.
(2) Application. The provisions of this section shall apply to every piece of real property in the city, including, but not limited to, residential, commercial, industrial, and business property, whether or not such property is occupied or unoccupied.
(3) Designation of enforcement officer. The city manager shall designate an appropriate department or person to enforce the provisions of this section.
(4) Notice to property owners. It shall be the duty of the enforcement department or officer to service notice upon the owner of record of the property in violation of subsection (1) above, a notice in plain language to remedy the condition within ten (10) days, excluding Saturdays, Sundays, and legal holidays. The notice shall be sent by registered or certified U.S. Mail, addressed to the last known address of the owner of record The notice shall state that the owner of the property is entitled to a hearing, and shall, at a minimum, contain the following information:
(a) A brief statement that the owner is in violation of 13-107 of the Cleveland Municipal Code, and that the property in violation of that section may be cleaned-up at the expense of the owner, and a lien placed against the property to secure the cost of the clean-up;
(b) The person, office, address, and telephone number of the enforcement department or officer giving the notice;
(c) A cost estimate for remedying the noted condition, which shall be in conformity with the standards of costs in the city; and
(d) A place wherein the notified party may return a copy of the notice, indicating the desire for a hearing.
(5) Clean-up at property owner’s expense. If the property owner of record fails or refuses to remedy the condition within ten (10) days after receiving the notice, the enforcement department or officer shall immediately cause the condition to be remedied or removed at a cost in conformity with reasonable standards, and the cost thereof shall be assessed against the owner of the property. Upon the filing of the notice with the office of the register of deeds in Bradley County, the costs shall be a lien on the property in favor of the city, second only to liens of the state, county and city for property taxes, and lien of the city for special assessments, and any valid lien, right or interest in such property duly recorded or perfected, prior to the filing of such notice, and the expenses shall be collected by the city=s tax collector at the same time and in the same manner as property taxes are collected.
(6) Appeal. The owner of record who is aggrieved by the determination of the enforcement department or officer may appeal the determination and order to the city manager. The appeal shall be filed with the city clerk within ten (10) days following the receipt of the notice issued pursuant to subsection (3) above. The failure to appeal within this time shall, without exception, constitute a waiver of the right to a hearing.
(7) Judicial review. Any person aggrieved by an order or act of the enforcement department or officer or city manager under subsection (5) above, shall be stayed during the pendency of judicial review.
(8) Supplemental nature of this section. The provisions of this section shall be supplemental to, and not in substitution for, any other provision in the municipal charter, this municipal code of ordinances, or other applicable law which permits the city to proceed against a property owner, tenant or occupant of property who has created maintained or permitted to be maintained on such property unsafe and unhealthy man-made and natural materials.
Section 2. This ordinance shall take effect from and after its final passage, the public welfare requiring it.
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