PLANNING & ZONING
JANUARY 15, 2019
CONFERENCE ROOM 1
PLANNING & ZONING COMMITTEE
Tuesday, January 15, 2019
CALL TO ORDER
APPROVAL OF MINUTES: December 06, 2018
ITEMS FOR CONSIDERATION:
04.) A RESOLUTION ADOPTING REGULATIONS GOVERNING THE HEALTH AND SAFETY STANDARDS OF RESIDENTIAL AND NONRESIDENTIAL PROPERTIES (attached)
New Business: none
A RESOLUTION ADOPTING REGULATIONS GOVERNING THE HEALTH AND SAFETY STANDARDS OF RESIDENTIAL AND NONRESIDENTIAL PROPERTIES
WHEREAS, the purpose of this resolution is to provide regulatory standards for health and safety conditions of residential and nonresidential properties within the confines of Wilson County; and
WHEAREAS, Tennessee Code Annotated, Section 5-1-115, authorizes counties to make any rules and regulations necessary for the prevention of dangerous conditions resulting from overgrown vegetation; accumulation of debris, trash, liter and garbage; or the presence of a vacant dilapidated building or structure; and
WHEREAS, there is a need in Wilson County for the regulation of residential and nonresidential property for the health, safety, convenience and welfare of residents in the County; and
WHEREAS, the regulations set out herein are intended to address this need; and
NOW, THEREFORE, BE IT RESOLVED by the Wilson County Commission meeting on this ______ day of _______ 2018, the following resolution be adopted
SECTION I – Enforcement Officer and Hearing Board
- These regulations shall be enforced by the Wilson County Building Inspector.
- The Wilson County Board of Zoning Appeals will be charged with the responsibility of hearing grievances pursuant to Section VI of these regulations and T.C.A 5-1-115.
- The Wilson County Planning Office will be responsible for the recruiting or coordination in cooperation with the Wilson County Building Inspectors Office. Efforts of community organizations, neighbors, religious institutions, and other agencies to provide assistance to persons who are not financially or physically able to comply on their own with the requirements of the regulations. Such outlets may not be available to all circumstances or where prevailing economic forces hinder charitable participation, but who also express desire to comply.
SECTION II – Property Standards
As used in these regulations, the following terms are defined below.
- Accumulation of debris, trash, litter, or garbage – means a state in which a significant quantity of solid waste products, decomposing matter, or personal property that has been discarded, damaged or which has little or no economic value or practical use in located on the property in such a way that one or more of the following conditions results: the accumulation contributes to the infestation of the property by insects, rodents or the accumulation creates an attractive nuisance or other danger to children; the debris, trash, litter or garbage spread to adjacent properties by natural action of wind or water; the accumulation produces offensive odors that affect reasonable enjoyment of adjacent properties; the accumulation create a risk to the health and safety of occupants of the property or other residents of the county; or the accumulating noticeably depresses the value of adjacent properties. This term includes the accumulation of one or more junk motor vehicles, as defined below, on the property. This term would not include the brief, temporary storage of debris, trash, litter, or garbage for regularly scheduled waste disposal or transfer.
- Dilapidated building or structure – means a structure that is unfit for human occupation or use due to conditions in or around such structures that are dangerous or injurious to the health or safety of the occupants of such structure, the occupants of neighboring structures or to the health or sensibilities of reasonable person. Such condition may include but are not limited to: defects within the structure increasing the hazard of fire, accidents or other calamities, disrepair; structural defects; and unsanitary conditions.
- Junk motor vehicles – as used in definition 1 above, means an abandoned or junked car defined as any motor vehicle; including cars, trucks, buses, motorcycles, campers, or trailers; which do not have lawfully affixed an un-expired license plate and the conditions of which is wrecked, dismantled, partially dismantled, inoperative, abandoned, or discarded. This does not include tractors and farm equipment. The term shall not include items on the premises of an establishment constituting an automobile graveyard or automobile salvage yard within the meaning of T.C.A Section 54-20-201 and the Wilson County Zoning Ordinance and operation in compliance with the requirements of that part or establishment having facilities for processing scrap metal. Nor shall this definition be used to preclude excess or inoperable construction equipment within the confines of an approved contractor storage yard under the Wilson County Zoning Ordinance.
- Owner – meant the owner of record of the real property as established in the records of the Register of Deeds and Assessor of Property.
- Neglect and overgrowth of vegetation – means a condition where trees, vines, grass, underbrush or other vegetation has been allowed to grow in such a manner as to endanger the health, safety or welfare of occupants of the property or other persons of the County or encourage the infestation or rats, insects or other harmful animals. This definition should not be used to prevent the lawful operation of farming and agriculture as determined by the County Building Inspector and appealable to the Wilson County Board of Zoning Appeals.
- Structure – Any constructed or erected material or combination of materials requiring space, including , but not limited to, buildings, stadiums, radio towers, sheds, storage dens, emergency shelters, swimming pools, signs, patios, and tennis courts but does not include driveways or sidewalks.
- Structure Principal – a structure in which is conducted the principal use of the lot on which it is situated. In any residential district any dwelling shall be the principal structure on the lot. Carports and garages, if permanently attached to the principal structure, shall be deemed a part of the principal structure. Awnings, porches, patios, or similar attachments shall be deemed a part of the principal structure with regard to meeting any yard requirements.
- It shall be a violation of these regulations for any owner of property to create, maintain or permit to be maintained on property the obvious neglect and overgrowth of vegetation or the accumulation of debris, trash, litter, or garbage so as to endanger the health, safety, or welfare of other persons.
- It shall be a violation of theses regulations for any owner of property to create, maintain or permit to be maintained on property a vacant dilapidated building or structure that endangers the health, safety, or welfare of other persons.
- It shall be a violation of theses regulations for any owner of property to create, maintain or permit to be maintained on property any combination of the preceding elements so as to endanger the health, safety, or welfare of other persons.
- It shall be a violation of these regulations for any owner of property to allow any violation identified in 1 through 3 above to continue in, on or around any building, structure or property affected by this regulation.
- Each day that one or more of the conditions described above exists or continues to exist shall constitute a separate violation of these regulations pending a hearing as describe in Sections VI below
SECTION III – Owner Responsibilities
It is the obligation of the owner(s) of property to maintain such property so as not to endanger the health, safety, or welfare of county residents and /or as not to violate the term of these Regulations. If said property fails to comply with the above-stated regulations, the property owner(s) is ultimately responsible and liable regardless of whether such condition was caused by a tenant, leaseholder or other person.
SECTION IV – Inspection Procedures
Whenever a complaint is filed with the Wilson County Building Inspector by at least one (1) owner or occupants of property that lies within four hundred (400) yards of the boundary of the property in question alleging that violation(s) of any of these regulation exists; or whenever the Building Inspector on his or her own can visibly observe a violation from a public road, the Building Inspector shall, after making a preliminary investigation which discloses a basis for such violation, issue and cause to be served upon the owner of record of such properties a notice, in accordance with the provisions of Section V, stating the violations and requesting the condition to be remedied immediately .
SECTION V – Notice of Violation
- The Building Inspector shall notify the owner of the property of the violation(s) of these regulations by personal service upon the owner or by United States Postal Service, RETURN RECIEPT REQUESTED, addresses to the last known address of the owner(s) of record. The notice of violation shall state that the owner of the property is entitled to a hearing, the notice of violation shall be written in plain language and shall also include, but not be limited, to the following elements:
- A summary of the requirement of these regulations and a brief statement of the violation noted by the Building Inspector including the date the violations were noted;
- A brief statement of the authority granted to counties under T.C.A. Section 5-1-115 and an explanation of the consequences and penalty of failing to remedy the violation of the regulations;
- The person, office, address and telephone number of the department or person giving notice;
- Instructions regarding what actions should be taken to remedy the violation together with a COST ESTIMATE for such which shall be in conformity with the standards of cost in the community. The Wilson County Building Inspector should also obtain a cost estimate for correction of violations should the owner be unwilling or unable to complete work as outlined in T.C.A Section 5-1-115; and
- An indication of time frame during which the alleged violator must remedy the violation or request a hearing with information regarding the place where the notified party may return a copy of the notice of violation indication the desire for a hearing or waiver of hearing and agreement to remedy the violation.
- If the whereabouts of the owner(s) of record is unknown and the same cannot be ascertained by the Building Inspector in the exercise of due diligence or if for any reason notice by Certified Mail, Return Receipt Request, cannot be obtained, the Building Inspector, after making an affidavit to that effect, may then serve notice of violation upon such person(s) by publishing the same once each week for (2) consecutive weeks in 2 newspapers of local circulation. A copy of such notice of violation shall be posted in a conspicuous place on the premises affected by the notice or order. A copy of such notice of violation shall also be filed for record in the county register’s office and such filling of the notice of violation or order shall have the same force and effects as other as other pending lawsuit notices provide by law.
SECTION VI Compliance and Appeals
- Upon receipt of the notice of violation as provided herein above, the property owner shall proceed forthwith to take appropriate measures to comply with these regulations or to request a hearing before the Board of Zoning Appeals. Pursuant to T.C.A. 5-1-115 a request for hearing shall be made within ten (10) days of receipt of the notice of violation unless the owner of record is a carrier engaged in the transportation of property or is a utility transmitting communications, electricity, gas liquids, steam, sewage or other material in which case the owner shall have twenty (20) days to remedy the violation, excluding Saturdays, Sundays and legal holidays.
- If the property owner timely requests a hearing as provided herein, the Board of Zoning Appeals shall, within a reasonable time following the receipt of the request for hearing, hold a hearing on the issues of the appropriateness of the requirements imposed on the property owner and the issue of cost of remedying the conditions. The time period established herein for remedying violation shall be stayed pending review by the Board of Zoning Appeals. Failure to make the request for a hearing within the time limit allowed by these regulations shall, without exception, constitute a waiver of right to a hearing and judicial review per T.C.A. Section 5-1-115 (d).
- The hearing shall be conducted as an initial hearing with the burden of proof resting on the County Building Inspector to demonstrate, by a preponderance of the evidence, that alleged violation exists. Immediately following the hearing, the Board of Zoning Appeals may:
- Dismiss the notice of violation and such notice shall become ineffective;
- May confirm the notice of violation;
- May modify the notice of violation’ or
- Grant a continuance or deferral at the request of either party if the Board of Zoning Appeals considers the continuance or deferral appropriate.
SECTION VII Penalties
- If the owner fails to comply within notice within ten (10) days of receipt of same, subject to stay pending review and any modifications made pursuant to review as provided for above, the Wilson County Building Inspector or Board of Zoning Appeals may cause such property to be repaired, altered or improved or be vacated and closed, removed or demolished as necessary to remedy the condition. Subject to approval by the County Legislative Body, the Building Inspector or Board of Zoning Appeals may contract with a private entity to perform the work or request such work to be performed by a department or agency of the County. In contracting for such services from a private entity, the Building Inspector or Board of Zoning Appeals shall comply with all applicable purchasing procedures of the County. The cost of such action shall be assessed against the owner of the property. Upon performance, the actual cost of such repairs, alterations or improvements or vacating and closing or removal or demolition by the County or its agent shall, upon the filling of a notice with the office of the Register of Deeds, be a lien in favor of the County against the real property on which such costs was incurred, second only to liens of the state and county for taxes, any lien of the county for special assessments, and any valid lien, right or interest in such property duly recorded or duly perfected by filing property to the filing of such notice. The notice of lien shall indentify the owner of record of the real property, contain the property address, describe the property sufficiently to identify it and recite the amount of the obligation secured by the line. These costs shall be collected by the county trustee at the same time and in the same manner as property taxes are collected.
- Financial Source for County Performed Corrective Actions.
The County Commission may cause a line item to be established within the County Building Inspector’s budget for covering the initial cost of County performed repairs, alterations, improvements, vacating, closures, demolitions, and other remedies of conditions as required. Source of funding for this line item may come from County capital improvements accounts or funding mechanism constructed from collection of fines from violation.
- The Building Inspector will communicate with the Finance Department to bid out common remedial work responsibilities no less than every three (3) years to private contractors who are engaged in such corrective work. State and County bid policies shall apply.
- Owner(s), individually and/or jointly, of property found to be in violation of these Regulations shall be subject to civil penalty of not more than fifty dollars ($50.00) for each offense. Each and every day during which such violation exists or continues after notice has been provided to the property owner and the time for appeal or compliance has expired shall be deemed a separate offense.
SECTION VIII Record Keeping
- In addition to this regulation, the Board of Zoning Appeals may promulgate any additional rules and regulations necessary for the administration and enforcement of these regulations subject to approval by the County Legislative Body.
- The Building Inspector shall serve as the record keeper for the Board of Zoning Appeals and shall maintain all minutes and records of the Board of Zoning Appeals. The Building Inspector shall also keep a record of the following information regarding petitions, inspections and enforcement actions.
- All petitions filed with his or her office;
- The address of any property found to be in violation of this regulation;
- The mileage driven in performing investigations;
- A copy of all notices delivered to property owners found to be in violation of this regulation and any expenses associated therewith;
- All waivers of hearing and agreements to remedy violations;
- All requests for hearing received;
- Orders and decisions issued by the Board of Zoning Appeals; and
- Copies of all requests for judicial review and final decision of the judicial review.
- The Building Inspector shall submit an annual report summarizing the information to the County Legislative Body each year at the first meeting of the County Legislative Body each calendar year.
SECTION IX Exceptions, Exclusions, and Applicability
- The Provisions herein regarding dilapidated structures shall only be applicable to structures used or previously used as a RESIDENCE for human habitation.
- The provisions herein shall not be applicable upon a lot or tract of land larger than 15 Acres.
SECTION X Severability and Conflict with Other Resolutions
- If any provision of this regulation or the application thereof to any person or circumstance shall be held to be invalid or unconstitutional by any court of competent jurisdiction, such invalidity shall not affect other provision or applications of this regulation which can be given effect without the invalid provision or application, and to that end, the provision of this regulation are declared to be severable.
- Where the conditions imposed by a provision of this regulation are less restrictive than comparable condition imposed by any other provision of this regulation or any other Resolution or regulation, the provisions which are more restrictive shall govern.
Any building that is used for a farming use; or property that falls under the greenbelt standard is exempt from these regulations.
This resolution above shall take effect upon approval; the general welfare of the public requiring it.
Date of Approval: