Tennessee HB 2034: Courts, Municipal - As enacted, prohibits a municipality from remediating a property maintenance violation if the cost may negatively impact the municipality's financial position, or if the cost is budgetarily prohibitive; specifies that, in addition to assessing remediation costs against a property owner in the form of a lien, a municipality may recover remediation costs through all other legal means. - Amends TCA Title 6; Title 7; Title 13; Title 16, Chapter 18 and Title 29, Chapter 3.

Bill Text

House Judiciary 1

Amendment No. 1 to HB2034

Farmer
Signature of Sponsor

AMEND Senate Bill No. 1473* House Bill No. 2034

HA0759
016263
- 1 -
by deleting all language after the enacting clause and substituting:
SECTION 1. Tennessee Code Annotated, Title 16, Chapter 18, Part 3, is amended by
adding the following as a new section:
(a) Notwithstanding another law to the contrary, if a municipal court has found a
person or entity to be in violation of a municipal ordinance related to the maintenance of
property and the person or entity in violation of the municipal ordinance has failed to
remedy the property maintenance violation within thirty (30) days of the municipal court's
finding that the ordinance has been violated, then the municipality may remedy the
ordinance violation at a cost in conformity with reasonable standards. The municipality
shall not remediate such violations if the cost may negatively impact the municipality's
financial position, or if the cost is budgetarily prohibitive.
(b) The cost of remediation may be assessed against the owner of the property
in the form of a lien upon the property in favor of the municipality; however, the
municipality is not precluded from seeking recovery of remediation cost through other
allowable means under state or local law.
SECTION 2. This act takes effect upon becoming a law, the public welfare requiring it.