Memphis City Zoning Code
CHAPTER 153
BLIGHT PREVENTION
§ 153.01 PURPOSE.
Consistent with the letter and spirit of Public Act 355 of 1945, as amended, it is the purpose of this subchapter to prevent, reduce or eliminate blight or potential blight in the city by the prevention or elimination of certain environmental causes of blight or blighting factors which exist or which may in the future exist.
(1979 Code, § 6.81) (Ord. 50, passed 11-5-1974)
§ 153.02 CAUSES OF BLIGHT; BLIGHTING FACTORS.
(A) It is hereby determined that the following uses, structures and activities are causes of blight or blighting factors which if allowed to exist will tend to result in blighted and undesirable neighborhoods.
(B) No person, firm or corporation of any kind shall maintain or permit to be maintained any of these causes of blight or blighting factors upon any property in the city owned, leased, rented or occupied by such person, firm or corporation:
(1) In any area zoned for residential or agricultural purposes, or in areas zoned commercial but being used for residential purposes, the storage upon any property of junk automobiles, except in a completely enclosed building. For the purpose of this section, the term JUNK AUTOMOBILES shall include any motor vehicle which is not licensed for use upon the highways of the state for a period in excess of 30 days, and shall also include, whether so licensed or not, any motor vehicle which is inoperative for any reason for a period in excess of 45 days;
(2) In any area zoned for residential or agricultural purposes or in areas zoned commercial but being used for residential purposes, the storage upon any property of building materials, unless there is in force a valid building permit issued by the city for construction upon said property and said materials are intended for use in connection with such construction. Building materials shall include, but shall not be limited to, lumber, bricks, concrete or cinder blocks, plumbing materials, electrical wiring or equipment, heating ducts or equipment, shingles, mortar, concrete or cement, nails, screws or any other materials used in constructing any structures;
(3) In any area zoned for residential or agricultural purposes or in areas zoned commercial but being used for residential purposes, the storage or accumulation of junk, trash, rubbish or refuse of any kind, except domestic refuse of any kind, except domestic refuse stored in such a manner as not to create a nuisance for a period not to exceed 60 days. The term JUNK shall include inoperative machinery, watercraft, recreational vehicles or motor vehicles, unused stoves or other appliances stored in the open, remnants of woods, metal or any other materials or other castoff material of any kind whether or not the same could be put to any reasonable use;
(4) In any area of the city, the existence of any structure or part of any structure which, because of fire, wind or other natural disaster or physical deterioration, is no longer habitable, if a dwelling, nor useful for any other purpose for which it may have been intended;
(5) In any area zoned for residential or agricultural purposes, or in areas zoned commercial but being used for residential purposes, the existence of any vacant dwelling, garage or other outbuilding unless such buildings are kept securely locked, windows kept glassed or neatly boarded up and otherwise protected to prevent entrance thereto by vandals; and
(6) In any area of the city, the existence of any partially completed structure unless such structure is in the course of construction in accordance with a valid and subsisting building permit issued by the city and unless such construction is completed within a reasonable time.
(Ord. 111, passed 7-2-1991; Ord. 131, passed 6-16-1998; Ord. 170, passed - -)
§ 153.03 ENFORCEMENT.
This subchapter shall be enforced by such city officers as are designated by the City Council.
(1979 Code, § 6.83) (Ord. 50, passed 11-5-1974)
§ 153.04 NOTICE.
(A) This owner, if possible, and the occupant of any property upon which the causes of blight or blighting factors set forth in § 153.02 are found to exist, shall be notified in writing to remove or eliminate such causes of blight or blighting factors from such property within 14 days after service of the notice upon him or her. Such notice shall be served as prescribed in § 10.12 of this code. Additional time, not to exceed 60 days, may be granted by the enforcement officer where bona fide efforts to remove or eliminate such causes of blight or blighting factors are in progress.
(B) Failure to comply with such notice within the time allowed, by the owner and/or occupant shall constitute a violation of this code.
(1979 Code, § 6.84) (Ord. 50, passed 11-5-1974; Ord. 131, passed 6-16-1998) Penalty, see § 153.99
§ 153.15 DEFINITIONS.
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
COMMERCIAL BUILDING. Any building or structure, regardless of its zoning classification, used for business purposes including, but not limited to, office, retail, service and/or industrial buildings or structures.
PARKING LOT. All areas set aside or designed for the parking of motor vehicles or the loading and unloading of motor vehicles on the premises or in conjunction with a shopping center or commercial building and includes all driveways, aisle ways or other areas supplementary thereto.
PROPRIETOR. Every owner, lessee, tenant or other person having the right to possession of all or a portion of a shopping center or commercial building, where there is more than one such person. All shall be jointly and severally obligated by the terms of this subchapter.
SHOPPING CENTER. One or more commercial buildings, whether or not under common ownership, which are operated as an entity or in cooperation with one another and which have common parking facilities.
(Ord. 137, passed 5-4-1999)
§ 153.16 BUILDINGS.
The exteriors of all commercial buildings shall be maintained so as to present a neat and orderly appearance. Windows shall be glazed, painted surfaces kept properly painted and all other appropriate measures shall be taken to properly maintain the buildings. Where buildings within a shopping center are owned by separate entities, the obligations of this section shall fall only upon those persons responsible for the maintenance of particular buildings which are not being maintained in accordance with this section.
(Ord. 137, passed 5-4-1999) Penalty, see § 153.99
§ 153.17 PARKING LOTS.
All parking lots shall be provided with pavement having a permanent durable and dustless surface and shall be graded and drained so as to dispose of all surface water accumulated within the area. All cracks, pot holes or other breaks in the parking lot surface shall be promptly filled and repaired by the proprietor. The proprietor shall provide for snow removal services so the parking lot will be reasonably available for use by the public.
(Ord. 137, passed 5-4-1999) Penalty, see § 153.99
§ 153.18 TRASH REMOVAL.
The proprietor shall provide for the removal of all waste, trash, rubbish or refuse of all kinds from the shopping center at regular intervals. Such intervals shall not exceed one week and trash collections shall be made more often if necessary to prevent the accumulation of refuse so as to create a nuisance. Between collections, the refuse shall be stored in covered containers constructed in such a way as to prevent escape of the refuse. Dumpsters and/or covered containers shall be kept enclosed on three sides or screened on three sides.
(Ord. 137, passed 5-4-1999) Penalty, see § 153.99
§ 153.19 LOOSE TRASH, RUBBISH OR DEBRIS.
The proprietor shall be responsible for seeing to it that the premises of the shopping center or commercial building, including the parking lot and specifically including the part of any highway right-of-way adjoining the premises and not actually used for the travel of motor vehicles, are kept free of junk, trash, rubbish, debris or refuse of any kind. The proprietor shall see to it that the premises are cleaned of such debris or refuse which has blown on adjoining property at least each day and shall take all reasonable steps to provide containers for discards and to order his or her employees and encourage the public to use them.
(Ord. 137, passed 5-4-1999) Penalty, see § 153.99
§ 153.20 LANDSCAPING.
The proprietor shall install and maintain landscaping on all areas of the shopping center, commercial building or commercial building premises not occupied by buildings, sidewalks, parking lots, driveways and similar surfacing. The requirement of landscaping also is specifically applicable to those parts of highway rights-of-way adjoining the shopping center or commercial building premises and not actually used for travel purposes. Landscaping shall consist, at the minimum, of the establishment of a sod or other material to hold the earth and prevent dust and the establishment of noxious weeds. The proprietor shall maintain the landscaping and shall see that all lawns are mowed regularly, shrubs are appropriately trimmed and noxious weeds are eliminated.
(Ord. 137, passed 5-4-1999) Penalty, see § 153.99
§ 153.21 JUNK.
The storage or accumulation of junk, trash, rubbish or refuse of any kind stored in such a manner which creates a nuisance for ten days or more is prohibited. The term JUNK shall include inoperative machinery or motor vehicles, watercraft, recreational vehicles, unused stoves or other appliances stored in the open, remnants of wood, metal or any other materials or other castoff material of any kind whether or not the same could be put to any reasonable use. This section does not cover repairable vehicles at an auto repair shop or junk yards which are covered in Ch. 113.
(Ord. 137, passed 5-4-1999) Penalty, see § 153.99
§ 153.22 ENFORCEMENT.
(A) The Chief of Police, or his or her designee, shall enforce this subchapter and shall periodically inspect the city for causes of blight or blighting factors within the city.
(B) (1) The owner, and if possible, the occupant of any property upon which any of the causes of blight or blighting factors as set forth in this subchapter is found to exist, may be notified in writing (“removal notice”) to remove or eliminate such causes of blight or blighting factors from such property within 14 days after service of the removal notice upon him or her. Such removal notice may be served personally or by registered mail, return receipt requested.
(2) If efforts to serve the occupant and owner personally or by registered mail, return receipt requested, are unsuccessful, it shall be deemed sufficient notice if the written removal notice is mailed by regular mail to the occupant and the owner, if possible, and is posted in a conspicuous location on the property in question. In addition, once the removal notice described in this section has been given, it shall be deemed sufficient notice for a s long as the causes of blight or blighting factors described in the removal notice remain uncorrected.
(3) Additional time to remove the causes of blight or blighting factors may be granted by the enforcement officer where bona fide efforts to remove or eliminate such causes of blight or blighting factors are in progress.
(C) Failure to comply with such notice by the owner and/or occupant by the removal of the causes of blight or blighting factors within the time allowed shall constitute a misdemeanor.
(D) If the Enforcement Officer determines that blight or blighting factors exist or the blight or blighting factors have not been removed after service of the 14 days notice as set forth in division (B) above, the cause of the blight or blighting factors may be removed by the city upon direction of the City Council or its designee. All of the attendant costs of removal of such blight shall be billed to the property owner and all invoices which remain unpaid for more than 30 days shall become a lien on the property from which the blight is removed and assessed as a single lot assessment against such property.
(Ord. 137, passed 5-4-1999)
§ 153.23 EFFECTIVE DATE.
The ordinance from which the provisions of this subchapter derive shall take effect ten days after adoption and after publication accordance with law.
(Ord. 137, passed 5-4-1999)
§ 153.99 PENALTY.
(A) Any violation of any of the provisions of this chapter is hereby declared a nuisance and proceedings may be instituted in any court of competent jurisdiction for injunctive or other relief to abate such nuisance.
(B) Any person who shall violate any provision of §§ 153.01 through 153.04 shall be responsible for a municipal infraction. Each day of violation shall be deemed a separate infraction.
(1979 Code, § 6.85)
(C) Any violation of any of the provisions of §§ 153.15 through 153.23 is hereby declared a nuisance and proceedings may be instituted in any court of competent jurisdiction for injunctive or other relief to abate such nuisance. Any and all costs incurred by the city in abating such nuisance or otherwise enforcing this §§ 153.15 through 153.23 shall be billed to the property owner and, upon failure of the property owner to pay such bill within 30 days, such bill may be added to the property tax roll as a single lot special assessment pursuant to § 33.18.
(Ord. 131, passed 6-16-1998; Ord. 191, passed - -)