City of Jackson

Official Documents
Title 2 - Vacant Property Review Commision and Acquisition of Vacant Properties

AN ORDINANCE TO AMEND TITLE 2 CHAPTER 5 SECTION 2

THE OFFICIAL CODE OF THE CITY OF JACKSON
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF JACKSON:

Section 1. The following provisions of Title 2 Chapter 5 Section 2 of the Official Code of the City of Jackson are hereby amended by inserting the following provisions same to be incorporated by reference as if verbatim:

VACANT PROPERTY REVIEW COMMISSION
AND
ACQUISITION OF VACANT PROPERTIES

Section 2-501 Findings, Purpose and Policy.

(1) Findings. It is hereby found by the Council for the City of Jackson that:

(A) There exist blighted and deteriorated properties in the neighborhoods of the City which cause the deterioration of those and contiguous neighborhoods and constitute a serious and growing menace which is injurious to the public health, safety, morals and general welfare of the residents of the City, and are beyond remedy and control solely by regulatory process in exercise of the police power:

(B) The existence of blighted and deteriorated properties, both residential and commercial, within neighborhoods of the City, and the growth and spread of blight and deterioration or the threatened deterioration of other neighborhoods and properties in the City:

1. Contributes substantially and increasingly to the spread of disease and crime, and to losses by fire and accident;

2. Necessitate expensive and disproportionate expenditures of public funds for the preservation of the public health and safety, for crime prevention, correction, prosecution and punishment, for the treatment of juvenile delinquency, for the maintenance of adequate police, fire and accident protection, and for other public services and facilities;

3. Constitute an economic and social liability;

4. Substantially impair or arrest the sound growth of the community;

5. Retard the provision of decent, safe and sanitary housing and public accommodations;

6. Depreciate assessable values;

7. Cause an abnormal exodus of families and businesses from these neighborhoods; and

8. Are detrimental to the health, the well-being and the dignity of many residents of these neighborhoods of the City;

(D) The benefits which would result from eliminating the blighted properties that cause the blight and deterioration of neighborhoods will accrue to the inhabitants of the neighborhoods in which these conditions exist and to the inhabitants of the City generally.

(2) Policy and Purpose. It is hereby declared that the policy of the City of Jackson consistent with the laws of the State of Tennessee is:

(A) to protect and promote the health, safety, and welfare of the people of the City by eliminating the blight and deterioration of neighborhoods through the elimination of blighted and deteriorated properties within these neighborhoods;

(B) to eliminate blight and deterioration and to prepare such properties for sale or lease, for development or redevelopment, such actions constituting a public use and purpose for which public money may be expended and private property acquired, and such actions are governmental functions in the interest of the health, safety, and welfare of the people of Tennessee; and

Section 2-502 Definitions. As used in this part, unless the context otherwise requires:

(A) "Blighted" or "deteriorated" property means any vacant structure or vacant or unimproved lot or parcel, whether residential, commercial or industrial, in a predominantly built-up neighborhood:

(i) Which because of physical condition or use is regarded as a public nuisance at common law or has been declared a public nuisance in accordance with local housing, building, plumbing, fire or related codes;

(ii) Which because of physical condition, use or occupancy is considered an attractive nuisance to children, including, but not limited to, abandoned wells, shafts, basements, excavations, and unsafe fences or structures;

(iii) Which, because it is dilapidated, unsanitary, unsafe, vermin-infested or lacking in the facilities and equipment required by the housing code of the municipality, has been designated by the appropriate agency or department responsible for enforcement of the code as unfit for human habitation;

(iv) Which is a fire hazard, or is otherwise dangerous to the safety of persons or property;

(v) From which the utilities, plumbing, heating, sewerage or other facilities have been disconnected, destroyed, removed, or rendered ineffective so that the property is unfit for its intended use;

(vi) Which by reason of neglect or lack of maintenance has become a place for accumulation of trash and debris, or a haven for rodents or other vermin;

of at least three (3) years; or

(viii) Which has not been rehabilitated within the time constraints placed upon the owner by the appropriate code enforcement agency;

(B) "Blighted" or "deteriorated" does not apply to any property used for agricultural purposes;

(C) "City" means the City of Jackson.

(D) "Redevelopment" means the planning or re-planning, design or redesign, acquisition, clearance, development and disposal, or any combination of these, of a property in the preparation of such property for residential, commercial, industrial, and related uses, as may be appropriate or necessary;

(E) "Residential, commercial, industrial, and related use" means residential or commercial or industrial property for sale, lease or rental uses; such related uses include, but are not limited to, park and recreation areas, neighborhood community service, parking lots or structures, and any use which is consistent with and/or complementary to the existing properties in the area; and

(F) "Vacant property review commission" means a commission established by this ordinance to review vacant properties to make a written determination of blight and deterioration.

Section 2-503 Establishment of Vacant Property Review Commission.

(1) Establishment. Pursuant to T.C.A. §13-21-203 et. seq., there is established a vacant property review commission ("Commission") which shall certify properties as blighted or deteriorated to the City Council and shall be appointed by the mayor and approved by the City Council and shall possess all powers and shall exercise all of the duties set forth under this Chapter and the applicable provisions of the Tennessee Code Annotated.

(2) Number and Appointment of Commission Members. The Commission shall consist of five (5) and all members of the Commission appointed by the mayor and approved by the City Council shall be residents of the City of Jackson and shall be initially appointed as follows and thereafter to serve four (4) year terms:

1 member for two (2) year term

2 members for three (3) year terms

2 members for four (4) year terms

Vacancies shall be filled for an unexpired term in the manner in which original appointments are required to be made. Continued absence of any member from regular meetings of the Board shall, at the discretion of the Mayor, rend any such member liable to immediate removal from office. No officer or employee of the City whose duties include enforcement of local housing, building, plumbing, fire or related codes shall be appointed to the commission.

(3) Quorum. Three members of the Commission shall constitute a quorum. A Board member shall not act in a case which he/she has a personal interest.

(4) Chairman and Secretary. The Commission shall elect from its members a Chairman to preside over meetings and shall present or designate a Commission member to present reports to the City Council on blighted or vacant property as required by these provisions of the Code. The Commission shall also elect a secretary to record and retain the minutes and records relating to the meetings and actions taken by the Commission.

Section 2-504 Acquisition by Eminent Domain Authorized.

(1) The City may acquire by eminent domain pursuant to Title 29, Chapters 16 and 17, any property determined to be blighted or deteriorated pursuant to this part, and shall have the power to hold, clear, manage or dispose of property so acquired for residential, commercial, industrial and related use, pursuant to the provisions of this plan.

Section 2-505 Certification of Property as Blighted or Deteriorated-Notification of Owner.

(1) The City Council shall not institute eminent domain proceedings pursuant to this part unless the Commission has certified that the property is blighted or deteriorated. A property which has been referred to the Commission by an agency of the City as blighted or deteriorated may only be certified to the City Council as blighted or deteriorated after the Commission has determined that:

(A) The owner of the property or designated agent has been sent an order by the appropriate agency of the municipality to eliminate the conditions which are in violation of local codes or law;

(B) The property is vacant;

(D) The Commission has notified the property owner or designated agent that the property has been determined to be blighted or deteriorated and the time period for correction of such condition has expired and the property owner or agent has failed to comply with this notice; and

(E) The Planning Commission of the City has determined that the reuse of the property for residential, commercial, industrial and related use is in keeping with the comprehensive plan of redevelopment within the City.

(2) The findings required by subsection (a) shall be in writing and included in the report prepared by the Commission to the City Council.

(3) The Commission shall notify the owner of the property or a designated agent that a determination of blight or deterioration has been made and that failure to eliminate the conditions causing the blight shall render the property subject to condemnation by the City under this part. Notice shall be mailed to the owner or designated agent by certified mail, return receipt requested. However, if the address of the owner or designated agent is unknown and cannot be ascertained by the commission in the exercise of reasonable diligence, copies of the notice shall be posted in a conspicuous place on the property affected. The written notice sent to the owner or the owner’s agent shall describe the conditions that render the property blighted and deteriorated, and shall demand abatement of the conditions within ninety (90) days of the receipt of such notice.

(4) An extension of the ninety-day time period may be granted by the commission if the owner or designated agent demonstrates that such period is insufficient to correct the conditions cited in the notice.

Section 2-506 Eminent Domain Proceedings-Findings Required.

(1) The City Council may authorize the City to institute eminent domain proceedings pursuant to Title 29, Chapters 16 and 17 against any property which has been certified as blighted or deteriorated by the Commission if it finds that:

(A) Such property has deteriorated to such an extent as to constitute a serious growing menace to the public health, safety and welfare;

(B) Such property is likely to continue to deteriorate unless corrected;

(C) The continued deterioration of such property may contribute to the blighting or deterioration of the area immediately surrounding the property; and

(D) The owner of such property has failed to correct the deterioration of the property.

Section 2-507 Conflicts of Interest.

(1) No officer or employee of the City, or of the Vacant Property Review Commission, who in the course of such officer's or employee's duties is required to participate in the determination of property blight or deterioration, shall acquire any interest in any property declared to be blighted or deteriorated.

(2) If any such officer or employee owns or has a financial interest, direct or indirect, in any property certified to be blighted or deteriorated, the officer or employee shall immediately disclose, in writing, such interest to the Commission and to the City Council, and such disclosure shall be entered in the minutes of the Commission and of the City Council.

(3) Failure to so disclose such interest shall constitute misconduct in office.

(4) No payment shall be made to any officer or employee for any property or interest therein acquired by the City from such officer or employee unless the amount of such payment is fixed by Court Order in eminent domain proceedings, or unless payment is unanimously approved by the City Council.

Section 2. That this Ordinance shall take effect from and after its adoption the public welfare requiring it.

10/2/2001