§ 16.24.330. Exterior property areas.

A.

Sanitation. All exterior property and premises shall be maintained in a safe, clean, and sanitary condition. The occupant of a building, structure, or premises, or part thereof, shall keep that part of the exterior property and premises that such occupant occupies or controls in a safe, clean, and sanitary condition.

B.

Open Storage. Except as otherwise provided for in the zoning code, it is unlawful for the owner, occupant, or person or entity in control of a building, structure or premises to utilize the premises of such property for the open storage of any: Inoperable, unlicensed, or unregistered motor vehicle; appliance; building material, including glass, brick, stone, block, wood, metal; rubbish; tires; automotive parts; or debris, including but not limited to weeds, dead trees, trash, rubbish, garbage, etc., or similar items. It shall be the duty and responsibility of every such owner or occupant to keep the premises in a safe, clean, and sanitary condition and to remove from the premises all such stored items upon notice from the director.

C.

All premises shall be graded and maintained to prevent the erosion of soil and to prevent the accumulation of stagnant water thereon, or within any building or structure located thereon.

Exception: Approved retention or detention areas or reservoirs.

D.

Sidewalks and Driveways. All sidewalks, walkways, stairs, driveways, parking spaces, and similar areas shall be kept in a proper state of repair, shall be maintained free from hazardous conditions, and shall be kept in a safe, clean, and sanitary condition.

E.

High Weeds. All premises and exterior property shall be maintained free from weeds in excess of twelve inches so as not to endanger the health, safety, and welfare of the citizens of the metropolitan government. "Weeds" shall be defined as all grasses, annual plants, and vegetation that grow without reasonable intent or purpose to cultivate, harvest, or use for human consumption, or are not otherwise trimmed or controlled. "Weeds" does not include ornamental grasses, trees, trimmed shrubs, or cultivated flowers and gardens. Properties in a natural state may be allowed if an intentional design for vegetative growth is on file with and approved by the metropolitan beautification commission horticulturalist. All government-owned greenways, parks, and recreation areas shall be exempt from the provisions of this subsection.

F.

Rodent Harborage. All buildings, structures and exterior property shall be kept free from rodent harborage and infestation and conditions that promote or support rodent harborage and infestation. Where rodents are found, they shall be promptly exterminated by process that is approved and that is not injurious to human health. After extermination, proper precautions shall be taken to eliminate rodent harborage and prevent re-infestation.

G.

Exhaust Vents. Exhaust pipes, ducts, conductors, fans, vents, or blowers shall not discharge gases, steam, vapor, hot air, grease, smoke, odors or other gaseous or particulate wastes directly upon abutting or adjacent public or private property or that of another tenant.

H.

Accessory Structures. All accessory structures, including detached garages, fences and walls, shall be maintained structurally sound, in good repair, and in an otherwise safe, clean, and sanitary condition.

I.

Gates. Gates which are required to be self-closing and self-latching, in accordance with the Building Code shall be maintained such that the gate will positively close and latch when released from a still position of six inches from the gatepost.

J.

Swimming Pools. Swimming pools shall be maintained in a safe, clean, and sanitary condition, and in good repair.

K.

Motor Vehicles.

1.

Except as provided for in the zoning code, no inoperable or currently unregistered motor vehicle shall be openly parked or stored on any premises within the area of the metropolitan government. Furthermore, no vehicle shall be at any time in a state of major disassembly or disrepair, nor shall it be in the process of being stripped or dismantled, nor shall it undergo a major overhaul, including body work, on any private property within the area of the metropolitan government. This section shall not apply to a motor vehicle on the premises of a business enterprise involved solely in the repair, renovation or servicing of motor vehicles, or a vehicle inside a structure or similarly enclosed area designed and approved for such purposes.

2.

Except as provided in subsection K.1., the parking, storage, or accumulation of an inoperable or unregistered motor vehicle on any premises within the area of metropolitan government, the disassembly, stripping, dismantling, or major overhaul, including body work, of any motor vehicle, or the parking or storage of any motor vehicle in a state of major disrepair on any private property within the area of the metropolitan government, shall constitute a nuisance detrimental to the health, safety and welfare of the inhabitants of the area of the metropolitan government. It shall be the duty of the registered owner of the motor vehicle, the owner of record of the property, or the person in possession of the private property upon which the motor vehicle is located, to abate the nuisance through the removal of the motor vehicle from the area of the metropolitan government, or to have the motor vehicle stored inside a fully enclosed structure or similarly enclosed area designed and approved for such purposes.

3.

Every motor vehicle located on private property shall be either stored inside a fully enclosed structure or similarly enclosed area designed and approved for such purposes, or parked or stored in a safe manner on a paved or graveled area, other than a sidewalk. Such paved or graveled parking area for private residential property shall not exceed twenty-five percent of the total lot area. In any case where this provision is found to be in conflict with any provision included in Title 17, Zoning, of the metropolitan code of laws, the zoning provision shall prevail. This subsection shall not be applicable to any vehicle for which a valid disabled driver license plate or placard has been issued pursuant to Tennessee Code Annotated § 55-21-101, et seq., and is visibly displayed on or in the vehicle. Further, the provisions of this subsection shall not apply to the parking of automobiles during special events on property under the control of the metropolitan board of public education.

4.

Painting of motor vehicles is prohibited unless conducted inside an approved spray booth.

5.

Every motor vehicle parked or stored on a paved or graveled area of any residentially-zoned property pursuant to subsection K.3. of this section must contain an engine, radiator, hood, all doors, trunk lid, bumpers, fenders, four wheels with inflated tires, all windows, both front and rear windshields, a battery, a gas cap, and a complete exhaust system. An exception to citation for violation of this subsection shall be made if a vehicle is missing no more than two of the aforementioned parts.

6.

Trucks. On any residential property containing a single-family or two-family home, no truck with a maximum axle-load capacity of more than one and one-half tons shall be stored or parked anywhere on the property.

7.

Tractor-Trailers. On any residential property containing a single family or two-family home, no tractor-trailer (or portion thereof) shall be stored or parked anywhere on the property.

8.

School Buses. On any property containing a single-family or two-family home, one school bus may be parked or stored on the property, provided the driver of the bus resides on the premises and the bus is operated by a private or public K—12 school or school system in Davidson County. No more than one school bus may be parked or stored on the property, regardless of the number of bus drivers residing on the premises.

9.

Motor vehicles offered for sale on commercial property. No motor vehicle having a "for sale" sign displayed in or on the vehicle, or having any other conspicuous marking informing persons that the vehicle is for sale, may be parked in the parking area of any commercial property for more than twenty-four consecutive hours within a seven day period unless the person parking the vehicle has the written permission of the property owner or is an employee of a commercial establishment served by the parking area. All such motor vehicles parked for sale on commercial property within the permissible twenty-four consecutive hour period must have a valid state-issued license plate on the vehicle.

L.

Except as otherwise provided in the metropolitan zoning code, fences shall be constructed using only the following materials:

1.

Woven wire or chain link;

2.

Wrought iron;

3.

Wood, vinyl, steel, or aluminum slats of no more than one inch by six inches in width hung vertically, horizontally, or diagonally between steel, wood, or vinyl posts no further than ten feet apart;

4.

Masonry consisting of brick, concrete block, split-face block, dry-stack stones, or stones and mortar;

5.

Plastic or other synthetic material treated in a manner to maintain the fence in good structural condition and with an appearance that is aesthetically compatible with the type of fence it represents;

6.

Decorative-type split rail or dry-stack stone may be used for decorative fences.

M.

Metal fences shall consist of materials manufactured and/or treated in a manner to prevent rust or corrosion. Wood fences shall be painted, stained or preserved in a manner to maintain the fence in good structural condition. All fences shall be maintained in a manner to preserve the structural integrity and appearance of the fence, including, but not limited to, the replacement of broken boards or sections and preventing paint from peeling.

N.

The provisions of subsections L and M shall not apply to temporary construction fencing, temporary tree protection fencing, temporary festival fencing, fencing around a place of incarceration, or to any fence located on property in the AR, AG, R80 or RS80 zoning districts as designated on the official zoning map of the metropolitan government.

O.

Barbed wire and razor wire fencing shall be prohibited in all residential zoning districts unless the property satisfies all of the requirements of Section 17.16.330 of the metropolitan zoning code regarding the keeping of domestic animals/wildlife on the property and all necessary permits have been issued.

P.

Trailers and Watercraft. No trailer or watercraft located on Private single family or two-family residential property shall be stored in the front yard of the property, but shall be stored on a paved or graveled driveway, or behind the front facade of the residential structure. For purposes of this subsection the following definitions shall apply: "Trailer" means every non-motorized vehicle drawn by a motor vehicle designed for carrying or transporting persons or property. "Watercraft" means every vessel used or capable of being used as a means of transporting persons on water, including motorized and non-motorized devices. All watercraft must be fully operational and, if such watercraft is equipped with a motor that is twenty-five horsepower (25HP) in size or greater, such watercraft must have affixed thereto a current registration issued by the Tennessee Wildlife Resources Agency.

Q.

Wood Chips/Mulch. No owner or occupant of any parcel of property one-half acre in size or greater shall permit more than five percent of the lot area to be covered with wood chips/mulch. Piles or mounds of wood chips/mulch placed within this five percent lot area limitation shall not exceed two feet in height. This subsection shall not apply to commercial establishments engaged in the sale of wood chips/mulch, nor to any government-owned property used for the collection and/or sale of mulch.

R.

Mulch, as used in this section, means any nonliving, organic, or synthetic material which is customarily used in landscape design to prevent erosion, regulate temperature, or maintain soil moisture.

(Ord. BL2018-1256 § 2, 2018; Ord. BL2016-463 § 1, 2016; Amdt. 1 to Ord. BL2015-1280 § 1, 2015; Ord. BL2015-1280 § 1, 2015; Amdt. 1 to Ord. BL2014-819 § 2, 2014; Ord. BL2014-819 § 2, 2014; Amdt. 1 to Ord. BL2013-552 § 1, 2013; Ord. BL2013-552 § 1, 2013; Amdt. 1 to Ord. BL2010-735 § 1; Ord. BL2010-735 § 1, 2010; Ord. BL2010-651 § 1, 2010; Ord. BL2008-216, § 1, 10-6-2009; Ord. BL2007-1436 § 1, 2007; Ord. BL2006-1187 § 1, 2006; Ord. BL2005-727 § 1, 2005; Ord. BL2005-505 § 3, 2005; Ord. BL2004-427 § 2, 2004; Amdt. 1 with Ord. BL2004-346 § 1, 2004; Amdt. 1 with Ord. 2002-1052 § 1, 2002; Ord. BL2001-585 § 1 (part), 2001)

 Editor's note— It should be noted that Ord. BL2013-552 § 2 states: It is the intent of the Metropolitan Council that revenues derived from fines assessed for violations of this ordinance [section] be allocated to the Department of Codes Administration to offset a portion of the costs associated with enforcing the ordinance [section].