§ 16.24.650. Costs of repair or demolition—Lien on property.  


Latest version.
  • A.

    The amount of the direct and indirect costs of such repairs, alterations, or improvements, or vacating and closing, or removal or demolition by the department shall be assessed against the owner of the property, and shall, upon the filing of the notice with the office of the Register of Deeds of Davidson County, be a lien on the property in favor of the Metropolitan Government of Nashville and Davidson County, second only to liens of the State of Tennessee and Metropolitan Government of Nashville and Davidson County for taxes, any lien of the Metropolitan Government of Nashville and Davidson County for special assessments, and any valid lien, right or interest in such property duly recorded or duly perfected by filing, prior to the filing of such notice. These costs shall be collected by the metropolitan trustee at the same time and in the same manner as property taxes are collected. If the owner fails to pay the costs, they may be collected at the same time and in the same manner as delinquent property taxes are collected and shall be subject to the same penalty and interest as delinquent property taxes. Indirect costs that may be assessed against the property owner shall include, but not be limited to, the cost of postage, advertising, title searches, and recording fees and shall include an administrative fee in the amount of seven hundred twenty-five dollars per demolition project to cover staff time in the administration of each demolition case.

    B.

    In addition, the metropolitan government may collect the costs assessed against the owner through an action for debt filed in any court of competent jurisdiction. The metropolitan government may bring one action for debt against more than one or all of the owners of properties against whom said costs have been assessed, and the fact that multiple owners have been joined in one action shall not be considered by the court as a misjoinder of parties. If the structure is removed or demolished by the director, the director shall sell the materials of such structure and shall credit the proceeds of such sale against the cost of the removal or demolition, and any balance remaining shall be deposited in the chancery court by the director, shall be secured in such manner as may be directed by such court, and shall be disbursed by such court to the person found to be entitled thereto by final order or decree of such court. Nothing in this section shall be construed to impair or limit in any way the power of the metropolitan government to define and declare nuisances and to cause their removal or abatement, by summary proceedings or otherwise.

(Ord. BL2010-642 § 11, 2010; Ord. BL2004-175§ 4, 2004; Ord. BL2001-585 § 1 (part), 2001)