John Coffelt, Editor

The city will soon begin enforcing derelict structure complaints using a newly enacted ordinance that offers a more defined path of handling these types of properties in the city.

Codes Director Brittany Fiske said during the Aug. 11 Safety Committee meeting that the city issued 17 violation letters for July, with the city’s building maintenance inspector issuing a higher-than-normal number recently.

“There are three properties that are going to be the guinea pigs for the new ordinance…” Fiske said. “Two of which will have an issue as far as someone staying at the residence. It might be a little bit of a challenge.”

The Unsafe Building ordinance deleted the former code, Title 13, Chapter 3 that sets out a notice process, placard posting and then court action after 120 days. The proposed ordinance expands on that process, giving BOMA the authority to find a structure unfit for human occupation, while designating a Public Officer the powers prescribed in the section.

The process prescribed in the proposed ordinance requires a petition to be filed by a department head dealing with public safety, the public officer or at least five citizens of the city.  The public officer then will investigate the case and if basis is found, a hearing will be held within 10-30 days.

Complaints issued by the public officer shall be served personally or by certified mail. In the event that the owner cannot be found, notice will be run for two consecutive weeks in the paper in addition to being publicly posted.

Owners disagreeing with the order can file a bill in chancery court for a temporary injunction restraining the city from moving forward within 60 days of the notice being posted.

The public officer is granted the authority in the investigation to administer oaths, examine witnesses and receive evidence. The public officer is also granted authority to enter the premises to conduct an examination in a manner that causes the least inconvenience possible.    

Structures deemed unfit for habitation can be addressed with repair if the cost of repairs are less than 50% of the reasonable value. Otherwise, if the cost of repair exceeds that 50% threshold or cannot be repaired within a reasonable period of time specified in the order, it should be removed or demolished.

The ordinance gives the public officer a process to demolish the structure and place a lien on the owner’s property taxes. Materials salvaged from the demolition may be sold and credited against the cost of demolition.   

The proposed ordinance also creates a $50 per day penalty for each offense. Each day a violation is allowed to continue constitutes a separate offense.  

John has been with the Manchester Times since May 2011. John has won Tennessee Press Association awards for Best News Photo and placed in numerous other categories. John is a 1994 graduate of Tullahoma High School, a graduate of Motlow State Community College and earned a Bachelor of Arts in English from Middle Tennessee State University. He lives in Tullahoma, enjoys painting, dancing and exploring the outdoors.