Legal Documents of Baxter

Code of Baxter

Table of Contents » Title 13 Property Maintenance Regulations » Chapter 3 Property Maintenance » § 13-303 Enforcement.
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Title 13
13-1
Title 13, Chapter 1
13-101
§ 13-101
Baxter
Title 13 : Property Maintenance Regulations
Chapter 3 : Property Maintenance

13-303 : Enforcement.

  1. Notice to property owner. It shall be the duty of the code enforcement officer of the City of Baxter, Tennessee, to serve notice upon the property owner of record in violation of § 13-302 above. The notice shall instruct the owner of the violation and to bring his property under compliance within fifteen (15) calendar days. Notice may be given by:

    1. Posting notice in plain view on the property in violation; or
    2. Sending notice by mail.

    The date the notice is posted or mailed shall serve as the beginning of the fifteen (15) day period allowing for corrective action.

  2. Failure to take corrective action. Failure by the property owner to take corrective action to bring the property within compliance of § 13-302 above shall constitute a violation of this chapter and be a civil offense.

    Pursuant to Tennessee Code Annotated, § 7-63-101, the building official/zoning compliance officer is authorized to issue ordinance summons for violations of this chapter on private property. The code enforcement officer shall, upon the complaint of any citizen, or acting on his own information, investigate complaints of junked vehicles on private property. If after such investigation the building official finds a junked vehicle on private property, he shall issue an ordinance summons. The ordinance summons shall be served upon the owner or owners of the property, or upon the person or persons apparently in lawful possession of the property, and shall give notice to the same to appear and answer the charges against him or them. If the offender refuses to sign the agreement to appear, the building inspector may:

    1. Request the city judge to issue a summons; or
    2. Request a police officer to witness the violation. The police officer who witnesses the violation may issue the offender a citation in lieu of arrest as authorized by Tennessee Code Annotated, §§ 7-63-101, et seq., or if the offender refuses to sign the citation, may arrest the offender for failure to sign the citation in lieu of arrest.
  3. Penalty for violations. Any person violating this chapter shall be subject to a civil penalty of one dollar ($1.00) to fifty dollars ($50.00) for each separate violation of this chapter. Each day the violation of this chapter continues shall be considered a separate violation.
  4. Supplemental nature of this section. The provisions of this section are in addition and supplemental to, and not in substitution for, any other provision in the city charter, the municipal code of ordinances, or other applicable law which permits the city to proceed against an owner, tenant or occupant of property who has created, maintained, or permitted to be maintained on such property the growth of vines, grass, weeds, underbrush, and/or the accumulation of the debris, trash, litter, or garbage or any combination of the preceding elements, under its charter, any other provision of the municipal code of ordinances or any other applicable law.
  5. Failure to comply with order. If the owner or owners of the premises fail or refuse to comply with the order issued by the code enforcement officer within the time period specified by the letter of notification, as provided herein, such failure or refusal shall be deemed a violation of the provisions of this chapter and said owner or owners shall be subject to the penalties herein provided. The code enforcement officer that is charged with enforcing this code, or the official's duly authorized representatives, may enter onto such premises and take corrective action specified by the letter of notification so that the nuisance identified by said letter is removed or abated. Upon completion of the corrective action carried out by the City of Baxter as authorized herein, the actual costs of such action, plus a fee of fifteen percent (15%) for administrative costs, shall be due from the owner or owners of said property to the City of Baxter and said costs shall be billed to the owner or owners of said property. If said bill is not paid in full within sixty (60) days after the date of mailing, a ten percent (10%) penalty shall be added and said costs and penalties shall be placed on the tax rolls of the City of Baxter as a lien upon said property and collected in the same manner as other city taxes are collected. (2011 Code, § 13-303, modified)