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An ordinance amending Metropolitan Code of Laws section 16.04.172 to clarify the power of the director of codes administration to revoke a permit and deny an application for a permit when the applicant or a related person or entity is in violation of an existing permit or provision of Title 16, and amending section 16.24.060 to correct a scrivener’s error.
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WHEREAS, Metropolitan Code of Laws section 16.04.172 currently provides that when a metropolitan ordinance in title sixteen or a metropolitan rule, regulation, or order issued under authority granted in title sixteen has been violated, the director of the department of codes administration (“Codes”) may revoke permits issued by Codes; and
WHEREAS, this ordinance clarifies the authority to revoke permits and deny permit applications from persons or entities related to and controlled by those same persons or entities; and
WHEREAS, clarifying Codes’ authority to revoke and deny permits under these circumstances ensures consistency with other metropolitan departments and prevents violators of metropolitan laws, rules, regulations, and orders from avoiding the consequences of code violations; and
WHEREAS, Metropolitan Code of Laws section 16.24.060 contains a likely scrivener’s error that is in need of correction; and
WHEREAS, it is deemed to be in the best interest of the Metropolitan Government to so amend the Metropolitan Code of Laws.
NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:
Section 1. That section 16.04.172.B of the Metropolitan Code of Laws is deleted and the following language is to be inserted:
B. In addition to any fine imposed for a violation of this title or any, rule, regulation, or order issued under authority granted under this title, the director may revoke permits issued to and refuse to issue new permits to not only the person or entity in violation but also any related person or entity, including any related person, partnership, limited partnership, joint venture, corporation, or any other type of business entity. An entity is deemed related when it is owned, controlled, or operated by common persons, unless credible evidence is presented that reasonably shows that the entity is no longer owned, controlled, or operated by such persons. Persons are deemed related when they are employed by or otherwise acting as an agent for a person or entity in violation. No revoked permits or new permits shall be released or issued to a person or entity in violation or to any related person or entity until all work performed in violation of this title is corrected to the director’s satisfaction.
Section 2. That section 16.24.060 of the Metropolitan Code of Laws is deleted and the following language is to be inserted:
It shall be unlawful for a person, partnership, firm, corporation, or other entity to be in conflict with or in violation of any provision of this chapter.
Section 3. This ordinance shall take effect from and after its final passage, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.