Background
Cleaning up dirty, unsightly and unsafe properties improves the health and safety of the community, increases property values, and creates a better living environment for city residents.
T.C.A. 6-54-113 authorizes municipalities to take action against owners of overgrown and Owner Occupied and Dirty Lots that endanger the health, safety or welfare of the citizens in the community.
The statute stipulates that municipalities must send notification of the violation, via U.S. mail, to the property owner's last known address. The notification must state that the property owner is entitled to a hearing and contain:
o A description of the violation and the consequences of failing to remedy the condition; o The person, office, address, and telephone number of the department or person giving notice; o A cost estimate for remedying the noted condition; and o A place where the notified party may return a copy of the notice, indicating their desire for a hearing.
Further, the statute states that, if after ten (10) days following notification, the owner refuses to clean up the property at his own expense; then a municipality is authorized to clean up an overgrown and dirty lot, to perform any necessary tasks to eliminate the dangerous conditions, and to file an automatic lien against the property. Such liens are to be collected at the time the property owner remits any taxes due.
Problem
T.C.A. 6-54-113 (e) does not apply to any parcel of property upon which an owner-occupied residence is located. Therefore, if the property contains an owner-occupied residence, then the municipality is barred from filing an automatic lien. In such cases, the only recourse available to a municipality seeking reimbursement for the costs associated with cleaning up an overgrown and dirty lot is to expend taxpayer funds to file a court action to attach a lien.
Remedy
TML is seeking approval of legislation deleting T.C.A. 6-54-113 (e), which contains the exception that bars a municipality from attaching an automatic lien against properties upon which an owner-occupied residence is located. Benefit to Municipalities
Deleting T.C.A. 6-54-113 (e) will enhance a municipality's ability to remedy dangerous conditions and health hazards within its city limits. Additionally, eliminating the need to file court orders to attach a lien will result in savings to taxpayers.
