City of Jackson

Official Documents
Title 13 - Property Maintenance Regulations

CHAPTER
1. MISCELLANEOUS.
2. JUNKED, ABANDONED, ETC. VEHICLES.
3. JUNKED, ABANDONED APPLIANCES, FIXTURES, ETC.

CHAPTER 1
MISCELLANEOUS

SECTION
13-101. Air pollution.
13-102. Stagnant water.
13-103. Weeds and grass.
13-104. Overgrown and dirty lots.
13-105. Clean up of premises may be required.
13-106. Dead animals.
13-107. Health and sanitation nuisances.

13-101. Air pollution.

(1) Definitions. Cinders, dust, fly ash, fumes and gases as used in this section be considered to be all matter other than smoke, but including cinders, dust, soot and/or ashes formed either as a result of the combustion of fuel and/or the incomplete combustion of fuel, which are carried in the gas stream so as to reach the external air and which have not been completely consumed by the combustion process.

"Enforcing officer." The person or persons selected by the city council to enforce the terms of this chapter.

"Fuel-burning equipment." Any furnace, incinerator, refuse burning equipment, boiler, apparatus, device, mechanism, stack or structure used in the process of burning fuel or combustible material.

"Fumes." Gases or vapors that are of such character as to create an uncleanly, destructive, offensive or unhealthful condition.

(2) Prohibited acts. It shall be unlawful for any person to permit or cause the escape of such quantities of soot, cinders, ashes, fumes and gases from any smoke stack or chimney, or any other equipment in such manner as to be detrimental to any person or to the public or to endanger the health, comfort and safety of any such person or of the public, or in such manner as to cause or have a tendency to cause injury or damage to property or business. The escape of such matter is declared to be a public nuisance and may, in addition to the other penalties provided for, be abated by the enforcing officer or by anyone injured thereby. The deposit of such substance upon the ground, buildings, or otherwise in such quantities as to be visible shall constitute sufficient evidence to establish the violation of this section, but evidence of violation is not limited to the above, but the existence of the nuisance may be otherwise shown. (1972 Code, ß 14-21)

13-102. Stagnant water. It shall be unlawful for any person knowingly to allow any pool of stagnant water to accumulate and stand on his property without treating it so as effectively to prevent the breeding of mosquitoes.

13-103. Weeds and grass.
(1) It shall be unlawful for any person, firm or corporation to allow weeds or grass to grow to a height in excess of six (6) inches on property owned by or under the control of such person, firm or corporation within the City of Jackson. Provided, however, that this section shall not apply to undeveloped land as defined heron.

(2) Within the context of this chapter the following definitions shall apply:

(a) "Undeveloped land" shall mean acreage of land neither subdivided nor developed by construction along dedicated streets.

(b) "Under the control of" shall include leased or rented land and parkways between curb and sidewalk in front of property owned or otherwise under the control of a person, firm or corporation. (Ord. no. 1980-5; ß 1; Ord. no. 1984-20, ß 1)

13-104. Overgrown and dirty lots. It shall be unlawful for any owner of record of real property to create, maintain, or permit to be maintained on such property the growth of trees, vines, grass, underbrush and/or the accumulations of debris, trash, litter, or garbage or any combination of the preceding elements so as to endanger the health, safety, or welfare of other citizens or to encourage the infestation of rats and other harmful animals. (Ord. no. 1980-5, ß 1; modified)

13-105. Clean up of premises may be required.

(1) Notice. Whenever a person violates the provisions of sections 13-102, 13-103, or 13-107, the recorder shall mail by first class mail to the last known address of the person having control over the offending premises notice of the violation, which notice shall state:

You are hereby notified that the premises under your control, being (describe the property) have been found to be in an unsanitary, unhealthy and unclean condition. You are directed by the City of Jackson, Tennessee, to remove all accumulation of garbage, trash and rubbish and to cut all weeds back to a height of no more than six (6) inches within the next five (5) days, and at your own expense.

Should you fail to act upon this directive within the above described time, the city will enter onto your property and remove all garbage, trash and rubbish and cut all weeds, and you will be charged the actual cost of such action of the city plus twenty-five (25) per cent.

Until such charges are paid by you, the above described property shall be subject to a lien in favor of the city, which lien shall be superior to all other liens except tax liens.

(2) Failure to comply with notice; city to make removal; charge for removal. On failure to comply with the notice as set out above, within five (5) days (Sundays and holidays excluded), the city shall enter onto such premises and shall remove any accumulation of garbage, trash and rubbish and shall cut all weeds. The person in charge of such premises will be charged the actual cost of such removal plus a charge of twenty-five (25) per cent.

(3) City to have lien on property until charges are paid. Until all such charges prescribed by this section are paid, such property shall be subject to a lien in favor of the city. Such lien shall be superior to all other levies except tax liens.

(4) Remedy contained in this section not exclusive. The remedy contained in this section shall not be the exclusive remedy for violations of any provision of this chapter including those contained in sections 13-102, 13-103, or 13-107. All such violations shall also be subject to punishment under the general penalty provision of this municipal code of ordinances. (Ord. no. 1980-5, ß 1; Ord. no. 1983-17, ß 1; modified)

13-106. Dead animals. Any person owning or having possession of any dead animal not intended for use as food shall promptly bury the same or notify the health and sanitation department and dispose of such animal in such manner as the health and sanitation superintendent shall direct.

13-107. Health and sanitation nuisances. Any residence, industry, commercial business, apartment-condominium or trailer court or other structure or activity within the City of Jackson, about which garbage and refuse accumulates or is produced, which is not provided with garbage collection service by the City of Jackson or its contractor, or by the owners or producer, in compliance with the provisions of this chapter, or otherwise violates the provisions of this title or title 17 of this code, is hereby declared to be a public nuisance, dangerous to the public health, safety, convenience and welfare, and may be abated as other public nuisances are abated. (Ord. no. 1980-2, ß 10)

CHAPTER 2
JUNKED, ABANDONED, ETC. VEHICLES

SECTION
13-201. Declaration of purpose.
13-202. Storage on private property restricted.
13-203. Removal required.
13-204. Notice to remove.
13-205. Refusal to remove.
13-206. Removal by city.
13-207. Entry to remove; removal by owner.

13-201. Declaration of purpose. The council finds and declares that the accumulation and storage of motor vehicles in a state of disrepair and incapable of moving under their own power are in the nature of rubbish and unsightly debris, and constitute a nuisance detrimental to the health, safety, and welfare of the community in that such conditions tend to interfere with the enjoyment of and reduce the value of private property; create safety and health hazards to minors as well as adults, interfere with the comfort and well being of the public and create, extend, and aggravate urban blight, and that the public health, safety, and general welfare require that such conditions be regulated, abated, and prohibited. (Ord. no. 1990-4, ß 1, Ord. no. 1990-23, ß 1)

13-202. Storage on private property restricted. It shall be unlawful to park, store, or leave, or to permit the parking or storing of any licensed or unlicensed motor vehicle of any kind, for a period in excess of ten (10) days, when such vehicle is in a state of disrepair and incapable of moving under its own power, whether attended or not, upon any private property within the city, unless the same is completely enclosed within a building or unless it is in connection with a business enterprise operated in a lawful place and manner and licensed as such, when necessary to the operation of such business enterprise. (Ord. no. 1990-4, ß 1; Ord. 1990-23, ß 1)

13-203. Removal required. The accumulation and storage of one or more such motor vehicles in violation of the provisions of this chapter shall constitute rubbish and debris and a nuisance detrimental to the health, safety, and welfare of the inhabitants of the city. It shall be the duty of the registered owners of such motor vehicles and it shall also be the duty of the person in charge or control of the private property upon which such motor vehicle is located, whether as owner, tenant, occupant, lessee, or otherwise, to remove the same to a place of lawful storage, or have the motor vehicle housed within a building where it will not be visible from the street. (Ord. no. 1990-4, ß 1; Ord. no. 1990-23, ß 1)

13-204. Notice to remove. Whenever there are reasonable grounds to believe that a violation of the provisions of this chapter exist, the chief of police shall give, or cause to be given, written notice to the registered owner of any motor vehicle which is in violation of this chapter, or shall give such notice to the owner or person in lawful possession or control of the private property upon which such motor vehicle is located, or shall give such notice to both the registered owner and to the owner or person in lawful possession or control of such private property that the motor vehicle violates the provisions of this chapter, and demand that the motor vehicle be removed to a place of lawful storage within ten (10) days or that within ten (10) days the same be housed in a building where it will not be visible from the street. Service of such notice shall be by mail duly posted. (Ord. no. 1990-4, ß 1; Ord. no. 1990-23, ß 1)

13-205. Refusal to remove. Any person who fails, neglects, or refuses to remove one or more such motor vehicles or house the same and abate said nuisance in accordance with the notice as provided herein, shall be in violation of the provisions of this chapter and shall be guilty of a misdemeanor. (Ord. no. 1990-4, ß 1; Ord. no 1990-23, ß 1)

13-206. Removal by city. In addition to, and not in lieu of, any other procedure prescribed in this chapter or in this code for removal of one or more such motor vehicles from private property, if the registered owner of any vehicle which is in violation of this chapter or the owner or person in lawful possession or control of the private property upon which the same is located shall fail, neglect, or refuse to remove or house one or more such motor vehicles in accordance with the notice given pursuant to the provisions of this chapter, the chief of police may remove and dispose of such vehicle in the manner provided for by Tennessee Code Annotated, title 16, chapter 55. He may thereafter maintain an action in the name of the city, in the appropriate court, against any person or persons upon whom notice was served as required by the chapter to recover the costs of removing and disposing of such vehicle in the event the proceeds of any sale thereof shall be insufficient to recover such costs. Any court costs and interest incurred by the city shall be charged against any person or persons upon whom notice was served as required by this chapter. (Ord. no. 1990-4, ß 1; Ord. no 1990-23, ß 1)

13-207. Entry to remove; removal by owner. The chief of police, any regularly employed and salaried officer of the police department of the city, contracting agents of the City of Jackson, and employees of such contracting agents, and authorized officers, employees, and agents of the City of Jackson, and each of them, are hereby expressed authorized to enter upon private property for the purpose of enforcing the provisions of this chapter. It shall be unlawful for any person to interfere with, hinder, or refuse to allow them to enter upon private property for such purpose and to remove any motor vehicle in accordance with the provisions of this chapter. Any person to whom notice was given pursuant to this chapter shall have the right to remove or house such motor vehicle in accordance with said notice at his own expense, at any time prior to the arrival of the chief of police or his authorized representatives for the purpose of removal. (Ord. no. 1990-4, ß 1; Ord. no. 1990-23, ß 1)

CHAPTER 3
JUNKED, ABANDONED APPLIANCES, FIXTURES, ETC.

SECTION
13-301. Seizure authorized.
13-302. Notice of sale of seized items.
13-303. Release of property to owner.
13-304. Disposition of abandoned items if not sold.

13-301. Seizure authorized. Any fixture or appliance abandoned within the City of Jackson within the meaning of any ordinance or code provision, including those codes adopted by reference, may be seized by appropriate resolution of the city council of the City of Jackson. (1972 Code, ß 19-46)

13-302. Notice of sale of seized items. Seized fixtures and appliances not claimed as aforesaid shall be advertised for sale not less than fifteen (15) days by publication in The Jackson Sun, the notice to give the location in which the items were abandoned and a brief description of the item and time, place and date of the sale. (1972 Code, ß 19-46)

13-303. Release of property to owner. If prior to sale the owner appears and claims same, the item shall be released to the owner upon payment of a fifteen dollar ($15.00) charge for the expenses of such seizure. (1972 Code, ß 19-46)

13-304. Disposition of abandoned items if not sold. In the event of no bids being received for the purchase of any abandoned item at the time of the sale hereinabove referred to, such item may be thereupon disposed of by the health and sanitation department in such way as the department may see fit. (1972 code, ß 19-46; Ord. no. 1990-4, ß 1; modified)