Subject: 9546/ Demolition of Prop/ City Code 21-7 Date: Fri, 18 Aug 1989 14:54:00 -0500 ORDINANCE NO. 9546 AN ORDINANCE TO AMEND CHATTANOOGA CITY CODE, PART II, SECTION 21-7 RELATIVE TO ASSESSMENT OF THE COST OF DEMOLITION OF STRUCTURES UNFIT FOR HUMAN OCCUPATION AGAINST THE PROPERTY OWNER TO BE COLLECTED ON HIS PROPERTY TAX BILL IN ACCORDANCE WITH STATE LAW. _________________________ SECTION 1. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHATTANOOGA, TENNESSEE, that Chattanooga City Code, Subsection 5, Section 21-7, Chapter 21, Part II, be and is hereby amended by deleting the same in its entirety and substituting in lieu thereof the following new language:: (5) If the owner, occupant, mortgagee, lessee or agent fails to comply with a lawful order provided for in subsection (4) of this Section within ten (10) days, the Better Housing Commissioners shall cause such dwelling or rooming house or building to be repaired or demolished, as the facts may warrant, under the criteria provided in Section 21-12 of this Code. If after proper notice and a hearing in accordance with T.C.A. A713-21-103, the Better Housing Commissioners find that the structure under consideration is unfit for human occupation or use, they shall state in writing their findings of fact in support of such determination and shall issue and cause to be served upon the owner thereof an order: (a) If the repair, alteration or improvement of the structure can be made at a reasonable cost which is less than 50% of the value of the structure, the owner shall be required within the time specified in the order, to repair, alter, or improve such structure to render it fit for human occupation or use or to vacate and close the structure as a place of human occupation or use. Prior to reoccupying the premises, the owner shall obtain a certificate of occupancy from the Better Housing Commission. It shall be illegal for any person to reoccupy a structure found unfit for human occupation or use without first obtaining a certificate of occupancy from the Better Housing Commission; or (b) If the repair, alteration or improvement of the structure cannot be made at reasonable cost which is more than 50% of the value of the structure, the owner may be required, within the time specified in the order, to remove or demolish such structure; or (c) That the amount of the cost of such repairs, alterations or improvements, or vacating and closing, or removal or demolition by the Better Housing Commission shall, upon the filing of a notice with the Office of the Register of Deeds of the county in which the property lies, be assessed as a municipal lien on the property in favor of the municipality, second only to liens of the state, county and municipality for taxes, any lien of the municipality for special assessments and any valid lien, right or interest in such property duly recorded or duly perfected by filing prior to the filing of such notice in accordance with T.C.A. A713-21-103(6). This cost shall be placed upon the tax rolls of the municipality as a lien and shall be added to the property tax bills to be collected at the same time and in the same manner as property taxes are collected. If the owner fails to pay the costs, they may be collected at the same time and in the same manner as delinquent property taxes are collected and shall be subject to the same penalty and interest as delinquent property taxes; or (d) If the structure is removed or demolished by the Better Housing Commission, it shall sell the materials of such structure and shall credit the proceeds of such sale against the cost of the removal or demolition, and any balance remaining shall be deposited in the Chancery Court by the Better Housing Commission and shall be secured in such manner as may be directed by that Court, and shall be disbursed by that Court to the person found to be entitled thereto by final order of decree of such court; or (e) The proceeds of all demolitions of housing in the City of Chattanooga after collection by the Back Tax Attorney shall be placed in an account which shall be utilized to sustain continuing demolition of substandard housing in the City. SECTION 2. BE IT FURTHER ORDAINED that this Ordinance will become effective within two weeks from the date of adoption in accordance with Tennessee law. PASSED on Third and Final Reading April 30, 1991. _/s/______________________________ CHAIRPERSON APPROVED: ______ DISAPPROVED:_____ DATE:___________ ___, 1991. _/s/______________________________ MAYOR PAN:jrm