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An ordinance amending Metropolitan Code of Laws section 17.40.600 to provide that notices of violation are not required for subsequent violations of the same offense under Title 17 (Proposal No. 2025Z-007TX-001).
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WHEREAS, the Metropolitan Code of Law section 17.40.600 currently provides that upon determining that a violation of the zoning code has occurred, the zoning administrator shall notify the owner or responsible persons or entities determined to be in violation; and
WHEREAS, the zoning administrator and the zoning administrator’s staff, working with employees of the department of codes administration, wish to streamline their approach to cases in which the same party or parties incur the same zoning violation repeatedly or fail to correct the same violation after multiple notifications; and
WHEREAS, amending section 17.40.600 to allow for the zoning administrator to institute legal proceedings rather than send additional notifications to the same owner, persons or entities for the same repeated and uncorrected zoning violation, will enable the zoning administrator and associated staff to take court action more quickly and efficiently in order to abate zoning violations;
WHEREAS, the owner, persons, or entities will receive an additional notice when a court action is instituted, through service of process; 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 17.40.600 of the Metropolitan Code of Laws is amended by adding the following language to the end of the current ordinance:
Whenever the zoning administrator determines that there has been an additional or continuing violation of the same provision of the zoning code by the same owner, persons, or entities, and that those parties have been previously notified of the existence of the zoning violation, the zoning administrator may forego additional notifications and immediately institute the appropriate proceeding at law or in equity to restrain, enjoin, correct or abate such zoning violation.
Section 2. This ordinance shall take effect from and after its adoption, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.
Agenda Analysis
Analysis
This ordinance amends Metropolitan Code of Laws section 17.40.600 to provide that notices of violation are not required for subsequent violations of the same offense under Title 17.
The proposed ordinance would allow the zoning administrator to determine if the same owner, persons, or entities have repeatedly or continuously violated the same provision of the Zoning Code and previously received notice of the zoning violation. When this determination has been made, the zoning administrator would have the discretion to not provide additional notices and immediately institute appropriate legal proceedings to restrain, enjoin, correct, or abate this violation.