Legal Documents of Bean Station
Code of Bean Station
Generating PDF...
Code of Bean Station
Title 13 Property Maintenance Regulations
Chapter 5 Debris And Trash Removal
Title 13 Property Maintenance Regulations
Chapter 5 Debris And Trash Removal
Bean Station
Title 13 : Property Maintenance Regulations
Chapter 5 : Debris And Trash Removal
13-506 : Initiation of proceedings; notice to property owner; hearings.
- Whenever a citation is filed with the Town of Bean Station Municipal Court by the zoning officer, persons acting under his or her authority, or such other person designated by the board of mayor and alderman charging that provisions of this chapter have been violated, or whenever it appears to the board of mayor and aldermen upon their own motion, that the provisions of this chapter have been violated, if a preliminary investigation discloses a basis for such charges; then in such event it shall be the duty of the zoning officer, persons acting under his or her authority, or such other person designated by the board of mayor and alderman, to serve upon the owner of record in violation of this chapter, a notice in plain language to remedy the condition within ten (10) days, excluding Saturdays, Sundays, and legal holidays.
- Such notice may be served by:
- Personally delivering the notice upon the owner, lessee, occupant, or person having control of such property;
- Mailing the notice to the last known address of such owner, lessee, occupant, or person having control of such property by certified United States mail;
- Posting the notice on the property on which such violations exist; or
- If the whereabouts of such persons are unknown and the same cannot be ascertained by the zoning officer, persons acting under his or her authority, or such other person designated by the board of mayor and alderman in the exercise of reasonable diligence, and the zoning officer, persons acting under his or her authority, or such other person designated by the board of mayor and alderman to make an affidavit to that effect, then the serving of such citation or order upon such persons may be made by publishing the same once each week for two (2) consecutive weeks in a newspaper of general circulation. Service of notice by any of the methods set out in subsections (a), (b), (c), or (d) above shall be due notice within the meaning of this chapter; provided, however, that no owner out of possession shall be liable to the penalty imposed by this chapter unless there shall be personal service of such notice upon him or such notice mailed to him by certified mail as provided in this section.
- The notice shall state that the owner of the property is entitled to a hearing before the Town of Bean Station Municipal Court, and shall, at the minimum, contain the following additional information:
- A brief statement that the owner is in violation of this chapter of the Bean Station Municipal Code, which has been enacted under the authority of the Tennessee Code Annotated, § 6-54-113, and that the property of such owner be cleaned up at the expense of the owner and a lien placed against the property to secure the costs of the cleanup;
- The person, office, address, and telephone number of the department or person giving the notice; and
- A place wherein the notified party may return a copy of the notice, indicating the desire for a hearing. Failure to make the request for a hearing within ten (10) days of the notice shall, without exception, constitute a waiver of the right to a hearing.
- Any hearing requested by any such owner must be requested within ten (10) days of the receipt by such owner of any notification issued hereunder. Such request must be made in writing to the clerk of the Town of Bean Station Municipal Court and shall include an attached copy of the notification received or sufficient information so as to allow the court to properly identify the affected property. Upon the receipt of any request for a hearing the clerk shall notify the zoning officer, persons acting under his or her authority, or such other person designated by the board of mayor and alderman that a hearing has been requested and said zoning officer, persons acting under his or her authority, or such other person designated by the board of mayor and alderman has thereafter file with the clerk of the Town of Bean Station Municipal Court a copy of any citation issued, notice sent to such property owner, and any and all other documents or materials generated during the investigation and initiation of proceedings under this chapter with the court. The court shall docket a hearing upon such request for a hearing within at the next scheduled court date or at such other time as may be designated by the court and the parties shall be notified to appear. At such hearing, the court shall be empowered to determine if the procedure outlined herein has been properly followed, if any property subject to the notice and request for a hearing is in fact a violation of this chapter, and any other matter necessary to effect the purpose of this chapter. At the conclusion of such hearing the court shall issue a written order making such findings as may be, necessary to effectuate the ordinance. If the court determines that the property in question is in violation of the ordinance and that the proceedings hereunder have been property carried out the court shall permit the remedies allowed under this chapter to proceed. (Ord. #2013-05-103, May 2013, modified)
Date Last Updated: 05/28/2024
Codification Date: 07/01/2020
Officials at Date of Last Codification:
Mayor - Ben Waller
Aldermen - Mickey Ankrom
Aldermen - Jeff Atkins
Aldermen - Eddie Douglas
Aldermen - Patsy Winstead Harrell
Recorder - Robin Jarnigan