Putnam Action Committee

Summary

The existing County "Health and Safety Standards" resolution of 19-Oct-2015 is based on TCA 5-1-115, "Removal of vegetation and debris from certain lots". This applies only to the cleanup of "cluttered properties" and "vacant structures", is generally not applicable to owner-occupied property, etc.

By contrast, the proposed rules and procedures below relate specifically to the health, safety and quality standards for the occupancy of "residential dwellings". They are modifications to the existing procedures for building code permitting, inspection and enforcement which are already in use by the County Codes and Planning office.

The authority to implement and enforce the proposed rules is derived from (1) the provisions of the International Residential Code and related codes "incorporated by reference", and (2) various sections of the Tennessee Code, including TCA 5-1-118 and TCA 6-2-201.

For housing and RV standards see the Support Docs page. For code sections listed see the Code Reference page.

The licensed inspectors of the Codes and Planning office are qualified and authorized to determine rule and code violations without the need for a lengthy "hearing" process. That department can also be authorized to make the necessary modifications to the current operating procedures, as stated below.

The result is a simple, easy to understand resolution which will not require amendments if the Codes and Planning office decides to modify the specifics of the operating procedures in the future.

Draft Resolution (2019)

"Health and Safety Regulations for the Occupancy of Residential Dwellings"

Whereas Putnam County has adopted and incorporated by reference the health, safety and quality standards specified by the International Residential Code as authorized by TCA 5-20-102; and has established a Codes department to implement and to enforce those standards as authorized by TCA 5-20-103; and

Whereas the County is further authorized to define, to prevent and to regulate all practices, conduct, uses of property, and "all other things whatsoever" which may be detrimental to the health, safety and welfare of County residents as specified by TCA 5-1-118 and TCA 6-2-201 (22); and to enforce such rules and regulations with fines and penalties, as specified by TCA 5-1-121 and TCA 6-2-201 (28); and

Whereas current County rules and procedures have allowed the occupancy of non-permitted structures as dwellings; have allowed the long-term occupancy of recreational vehicles as dwellings; have allowed the occupancy of manufactured homes without inspection; and have allowed the residential use of portable toilets; and

Whereas these practices have been detrimental to the health, safety, welfare and security of County residents; have degraded neighborhood quality; have increased law enforcement costs; and have caused the loss of property tax revenue;

Therefore, the County Commission does hereby adopt the following rules and regulations to enhance and to extend the current residential permit, inspection and enforcement procedures to address these issues for the benefit of all County residents:

1.) No residential building shall be constructed without a building permit issued by the County, and the required inspections. All building plans must conform to the health, safety and quality standards specified by the International Residential Building Code.

2.) No manufactured home shall be installed without an installation permit issued by the County. All manufactured homes must conform to the health, safety and quality standards specified by the national Manufactured Home Construction and Safety Standards.

3.) No residential building or manufactured home shall be occupied as a dwelling without a final inspection and an occupancy permit issued by the County. The structure must be in habitable condition, and properly connected to an electrical service, a potable water supply and a sewage disposal system as specified by code. Where public sewage disposal is not available, a TDEC approved private sewage disposal system must be installed.

4.) No recreational vehicle shall be occupied as a dwelling, except on a temporary basis limited to 30 days within a 6 month period, unless otherwise allowed. All such vehicles must conform to the health, safety and quality standards specified by the Recreational Vehicle Industry Association; must have a current vehicle registration; and must not be installed in a permanent manner. All sewage and wastewater must be captured in holding tanks and disposed of properly.

5.) No other structure or vehicle of any type shall be occupied as a dwelling for human habitation at any time. This applies to unfinished structures, outbuildings, portable buildings, garages, barns, sheds, trailers, cargo containers, trucks, buses, vans, cars, or any other non-permitted or temporary structure.

6.) No portable toilet shall be used for residential purposes at any time, except for temporary use only during an active and permitted construction activity.

7.) The County Codes and Planning office is authorized to modify the existing permit and inspection procedures to implement the rules above; to establish a fee schedule to cover the costs of permit processing and inspections, as allowed by law; and to establish procedures for public reporting and prompt investigation of rule or code violations.

8.) The County Codes and Planning office is further authorized to establish and to impose fines and penalties sufficient to deter and to correct such rule or code violations, as allowed by law. It shall be considered a separate offense for each and every day during which such violation is committed or continued.

Procedures and Enforcement

The proposed rule and procedure changes are self-financing through fees for permits and inspections, and fines for violations. They will improve public health and safety; enhance property values; increase County property tax revenue; and decrease crime rates and enforcement costs.

It is not practical to check every structure in the County for rule and code violations. However, any person should be able to file a report of suspected violations at the code and permit office or on the County website.

The form should include a checklist for the reported activity, including the location, date first observed, type of structure, type of violation, number of occupants, etc. When a report is received, then the code and permit office should conduct an investigation, as authorized by TCA 68-120-101

If any violations of rules or codes are discovered, notice should be given to the "owner of record" of the property. The owner should be charged for the inspection, with fines to be applied for each day until the violation is corrected, as authorized by TCA 68-120-102, 107 and 108.

Fines should be increased for repeated violations by the same owner, no matter the location, to provide a financial incentive for landlords to properly supervise activity on their properties.

If the rules are not enforced, they will be ignored. Strict penalties and enforcement are needed. This should include condemnation and removal of non-conforming structures at owner expense, if violations are not corrected.

The installation permit for a manufactured home should include the owner's name, installer's name, property location, serial number, make, model, year, etc. The final inspection prior to occupancy, as authorized by TCA 68-126-304, should verify that it is in "habitable condition"; has the required manufacturer's certificate; and is connected to all utilities, including sewage disposal.

If an inspection of any non-permitted or non-compliant structure shows signs of human occupancy (bedding, cooking, clothing, etc), the inspector should post a notice on the door forbidding its continued use as a dwelling. This includes portable storage buildings, as specified by TCA 68-126-311(b). A substantial fine should be applied per day. If the activity continues, a follow-up inspection should be performed, and the structure should be condemned and removed at owner expense.

Any other irregular activity observed during the inspection process should be reported to the appropriate State or County authorities for investigation. For example, improper wastewater handling reported to TDEC.

The "health and safety" inspection of non-permitted or non-habitable dwellings will also enable County officials to more easily detect and eliminate hideouts where criminal activity is suspected, no matter where such dwellings are located or who is residing there. Criminals will likely move to a jurisdiction lacking such authority, which will improve security for the community and reduce County law enforcement costs.

Reply to the County Attorney (2019)

After the initial presentation on "Residential Standards" to the County Commission on 24-Jun-2019, the County attorney wrote a response to the proposed rule and procedure changes which was sent to all Commission members.

Mr. Jones correctly states that "the County can only legally operate within the authority that has been given it by the State of Tennessee". Below are my comments regarding the points raised by Mr. Jones, including relevant citations from the Tennessee Code (TCA).

Verification of building restrictions (items 1 and 3)

Mr. Jones has said that "the county has no authority to check nor to inform permit applicants of building restrictions", including the minimum size, and that to do so would "presume that the county is to interpret such subdivision restrictions". Therefore, the suggested procedure for informing the permit applicant of such restrictions has been removed from the proposal.

The primary focus remains the county-wide enforcement of residential health and safety standards on all dwellings, under existing legal authority, without any reference to "subdivision restrictions".

Residential use of "portable toilets" (item 4)

Mr. Jones has said that "the county has no authority to police subsurface sewer systems" and that the authority rests solely with TDEC, which is only partially correct.

First, a "portable toilet" is not a "subsurface sewer system". It is an above-ground collection device for human waste, intended for temporary use at construction sites or other events, which must be pumped out and sanitized frequently by a TDEC licensed contractor.

Second, the County has the lawful authority to "license and regulate" the use of such waste collection devices under the authorization granted by TCA 5-1-118 (a)(1) and TCA 6-2-201 (19). The County, by adopting a resolution, may exercise the same authority granted to a municipality to:

"Collect and dispose of drainage, sewage, ashes, garbage, refuse or other waste; or license and regulate their collection and disposal; and the cost of collection, regulation or disposal may be funded by taxation, special assessment to the property owner, user fees or other charges."

The County has the lawful authority to "regulate the collection and disposal of sewage". Therefore, the County can prohibit the residential use of portable toilets by adopting a rule similar to the one proposed.

Residential Health and Safety Standards (item 2)

Mr. Jones has implied that the County authority to address "residential health and safety issues" is limited to TCA Section 5-1-115, which applies only to cleaning up "cluttered properties" and "vacant structures", is generally not applicable to owner-occupied property, etc.

First, the County has already "incorporated by reference" the International Residential Code and related codes. It has the authority to enforce those health, safety, and quality standards on any structure used as a "residential dwelling" whether or not it is included in the building permit process.

Second, the County also has the separate authority to regulate "all things whatsoever" related to health and safety under the authorization granted by TCA 5-1-118 (c)(1) and TCA 6-2-201 (22). The County, by adopting a resolution, may exercise the same authority granted to a municipality to:

"Define, prohibit, abate, suppress, prevent and regulate all acts, practices, conduct, businesses, occupations, callings, trades, uses of property, and all other things whatsoever detrimental, or liable to be detrimental, to the health, morals, comfort, safety, convenience or welfare of the inhabitants of the municipality; and exercise general police powers"

The County has the lawful authority to enforce the health and safety standards of the Residential Code on all structures used as dwellings. It also has the lawful authority to "define and regulate all acts, conduct, uses of property and all other things whatsoever" that may be "detrimental to health, safety and welfare".

Therefore, the County can prohibit the use of non-compliant structures as dwellings by adopting a resolution similar to the one proposed. The same applies for the long-term use of any type of "recreational vehicle" as a residential dwelling, which is neither designed or approved for that purpose (see CFR Title 24, Section 3282.15)