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  • Knowledgebase-Building Inspectors and Building Codes
    inspectors to enforce the codes But such codes themselves contain an outline of the duties and functions of the building inspector In addition two or more municipalities under 25 000 population are authorized by Tennessee Code Annotated section 6 2 203 to jointly employ a building inspector the logical corollary of which is that they can singularly employ a building inspector 2 Do other municipalities provide for a salary for the building inspector or is a fee system used to provide compensation for the time involved in building inspection I am told by the MTAS financial consultant that generally municipalities pay all or part of the salary of building inspectors Where the building inspector receives part of his salary from the municipality he also receives a portion of the building inspection fee 3 Do we have authority to require the posting of a building permit such as the draft copy attached Yes with the reservations noted In answering this question I referred to the Standard Building Code 1988 edition published by the Southern Building Code Congress International Inc because that code in various editions is the building code used almost exclusively in Tennessee I urge you to consider that code for adoption Appendix A Section 103 8 5 of that code authorizes a building permit posting requirement However I cannot determine whether your draft permit comports with the building code Specifically I am not sure what the inspection block related to Building Plans Specifications means The building code permits a review of the building plans to insure that they comply with the building code See Chapter 1 but particularly Appendix A but only to insure that they comply with the building code If your Building plans Specifications refers to the review of the plans by the building inspector for other

    Original URL path: http://www.mtas.tennessee.edu/KnowledgeBase.nsf/cae6677dbd7f74a5852573ae005a41d4/ff2d1f7127f1478c85256c00005fc321?OpenDocument (2015-11-11)
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  • Knowledgebase-Building Officials and Inspectors Salary Information: MTAS Library Survey
    Summary Five cities were asked salary information for several building codes and inspection positions Original Author Adams O Brien Frances Co Author Product Create Date 09 01 2007 Last Reviewed on 10 27 2009 Subject Personnel Compensation Code enforcement Personnel

    Original URL path: http://www.mtas.tennessee.edu/KnowledgeBase.nsf/cae6677dbd7f74a5852573ae005a41d4/5c3f15166ffc97a0852573fa0063a081?OpenDocument (2015-11-11)
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  • Knowledgebase-Building Permit Issued by Mistake
    permit has been granted by an officer or board authorized to issue it and the permittee has acted in reliance thereon and incurred substantial expense the right to continue construction under the permit becomes a vested right which the municipality or county has no right to violate by revocation recall or otherwise The same authority in the same section says The law is well settled that a municipality cannot revoke a building permit granted to an applicant who upon the faith of it enters into contractual relations with respect thereto and expends moneys in the prosecution of work unless it appears that such permit was obtained by fraud or deceit A city will be equitably estopped from having a building removed where it issues a permit therefor and stand by while the building is completed and placed in operation for the purposes for which it has been constructed In announcing this familiar rule the Supreme Court of Arkansas sustained the right of a defendant to continue in the use of his building which was constructed under a permit and under the supervision of city officials for the purpose of engaging in the wholesale business There are exceptions to the vested rights rule Yokely Zoning Law and Practice 14 5 However I have scanned those exceptions and it does not appear to me that any apply to your case There is a zoning estoppel case in Tennessee Rives v City of Clarksville 618 S W 2d 502 1981 There the Tennessee Court of Appeals held that the failure of the city to enforce its zoning ordinance did not estopp the city from eventually enforcing it However the facts in that case can be totally distinguished from the facts in your case and the case does not appear to help you But with respect to the application of estoppel to a government it is said in Sexton v Sevier County 948 S W 2d 747 Tenn App 1997 that Generally speaking the doctrine of estoppel is not favored under our law Citations omitted Although the doctrine can be invoked against a county citation omitted very exceptional circumstances are required to invoke the doctrine against the State and its governmental subdivisions Citations omitted In order to invoke the doctrine of estoppel a party must show the following 1 his or her lack of knowledge and of the means of knowledge of the truth as to the facts in question 2 his or her reliance upon the conduct of the party who is estopped and 3 action by the invoking party based thereon of such a character as to change that party s position prejudicially Citations omitted It is the burden of the party claiming estoppel to prove each of the above elements Citations omitted At 751 It appears to me that the mobile home owner in this case could meet his burden on all of the points There is probably no way even upon diligent inquiry that the owner could have known about

    Original URL path: http://www.mtas.tennessee.edu/KnowledgeBase.nsf/cae6677dbd7f74a5852573ae005a41d4/7c0ff149c70fcaac85256b98005d101f?OpenDocument (2015-11-11)
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  • Knowledgebase-Burning Permit Sample Ordinance
    Create Date 02 04 2004 Last Reviewed on 03 19 2010 Subject Fire Prevention Licenses and permits Municipal ordinances Type Ordinance Original Document Reference Documents Burn Permit Proposal doc Burn Permit Proposal pdf Text of Document Please remember that this ordinance was drafted based upon the drafting requirements and authority granted to a particular city or town in its charter and in general law These drafting requirements and the authority

    Original URL path: http://www.mtas.tennessee.edu/KnowledgeBase.nsf/cae6677dbd7f74a5852573ae005a41d4/aa9f3e99f2ac8bda85256e3100555679?OpenDocument (2015-11-11)
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  • Knowledgebase-Burying Bodies in the Backyard
    583 S W 2d 765 Tenn 1979 even a family burial plot on private property is a cemetery to which the relatives of the people buried there were entitled to have access even though no official dedication of the plot as a cemetery could be shown and the last person buried there was in 1926 The court declared that Ordinarily dedication is considered to be the intentional appropriation of property for use by the public Nevertheless in this state and others it has long been recognized that the owner may without a deed set apart a portion of his land for use as a family cemetery citing several cases including Hines v State 149 S W 1058 1911 At 766 In Hines v State it had been said that express reservation of an existing private burial ground was unnecessary that a reservation was implied and that the presence of gravestones etc was evidence of the cemeteries existence The court spoke of the land as being dedicated to family burial purposes The Court said that the graves were there to be seen and thus the purchaser was charged with notice of the dedication to burial purposes At 766 The existence of the gravestones in the disputed territory in Stoker v Brown was also enough to establish the dedication of the private burial plot The point of Stoker v Brown and Hines v State for your City s purposes is to point out that when a person is interred on a private lot or plot of ground that person sets aside for that purpose he or she is intended in a cemetery That conclusion is also supported by 75 A L R 2d59 Private or family cemeteries It is the law generally that it is within the police power of municipalities to regulate the disposal of dead bodies including the place of their interment and cemeteries See 7 McQuillin Municipal Corporations 24 267 3 rd ed and 3 American Law of Zoning 18 28 5 th ed That is no doubt true of your City The city can prohibit the burial of bodies in back yards within the city either by adopting an ordinance prohibiting such burials or it could do so by passing a zoning ordinance regulating the establishment of cemeteries I have been unable to find a copy of the city s zoning ordinance in MTAS files or on Google But I understand from a telephone conversation I had with you yesterday that the city does have a zoning ordinance and that it provides that cemeteries are allowed in all districts as a special exception It may be that the wish of the person to be buried in his backyard in your city applies to a plot of land on that property already dedicated as a private family cemetery If that is the case we will need to determine where he is entitled to be buried there from that perspective However if he simply wants to be buried in his

    Original URL path: http://www.mtas.tennessee.edu/KnowledgeBase.nsf/cae6677dbd7f74a5852573ae005a41d4/23fcd71b3a5f3fe785257641005c5c55?OpenDocument (2015-11-11)
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  • Knowledgebase-Business Office Supervisor
    routinely use independent judgement when performing tasks EQUIPMENT JOB LOCATION The employee will operate a computer typewriter fax machine ten key calculator copier and other modern office equipment The employee typically works indoors in an office environment and may be exposed to tobacco smoke The employee may be required to lift objects weighing no more than 25 pounds ESSENTIAL FUNCTIONS OF THE JOB Performs assigns and supervises work of clerical employees engaged in the collection of taxes utility payments fines and other revenues Assures that all payments and collections are properly recorded in the computer to the proper accounts and properly receipted Performs assigns and supervises the billing of various taxes charges for service and required reporting to other departments or agencies Performs assigns and supervises enrollment claims and other administrative duties relative to employee s group medical insurance Administers the beer application and licensing process Administers workers compensation reports and claims OSHA reports and serves as a recording secretary of the safety committee Coordinates the complaints reports and repair of street light outages between the city and electric company In charge of supply room ordering office supplies maintenance of copiers and postage machines ADDITIONAL EXAMPLES OF WORK PERFORMED Performs general clerical duties incidental to the operation of the business office Performs related duties and projects as required REQUIRED KNOWLEDGE AND ABILITIES Knowledge of modern office practices procedures and equipment Knowledge of computer accounting methods data processing practices and procedures Knowledge of filing municipal bookkeeping and record keeping practices and procedures Knowledge of and the ability to use business telephone manners and techniques Ability to type accurately keep records and perform routine clerical tasks Ability to operate a computer and standard office equipment Ability to exercise good judgement in evaluating situations and making decisions Ability to give oral and written

    Original URL path: http://www.mtas.tennessee.edu/KnowledgeBase.nsf/cae6677dbd7f74a5852573ae005a41d4/f9799a59296b5f6385256c3e00449122?OpenDocument (2015-11-11)
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  • Knowledgebase-Business Tax Distress Warrant
    OF POLICE OF THE CITY OF KNOXVILLE OR ANY LAWFUL OFFICER THEREOF GREETINGS Whereas is the owner of certain tangible or intangible property in the said City of Knoxville and is indebted to the City of Knoxville for the following past due Business Taxes to wit For Taxing Periods Business Tax Due Subtotal Due Distress Warrant Fee TOTAL AMOUNT DUE Now therefore you are hereby commanded to distrain and sell so much goods chattels and personal property either tangible or intangible of the said as shall be sufficient to pay Dollars all of which is past due and owing to the City of Knoxville being the tax interest and penalty imposed by law in such cases and provided and to execute and make return to me by the day of 19 under the penalty prescribed by law Herein fail not Witness my hand at office this day of 19 Director of Finance Acct No OFFICER S RETURN Executed as commanded by attaching the following property and Taking into my custody Leaving in Taxpayer s custody This day of 19 Police Officer City of Knoxville And finally after advertisement according to law I sold the above described property on the day

    Original URL path: http://www.mtas.tennessee.edu/KnowledgeBase.nsf/cae6677dbd7f74a5852573ae005a41d4/dcdfc7107603c24b85256a9d004fc21b?OpenDocument (2015-11-11)
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  • Knowledgebase-Business Tax Exemption
    Lawrenceburg 233 West Gaines Street Lawrenceburg Tennessee 38464 Dear Joyce Tennessee Code Annotated 67 4 708 3 c i xvi states that legal and accounting services are not included as classification 3 businesses and that their gross sales are not subject to the local business tax Medical services are also exempt Based on this statute these businesses are not required to purchase a business license They purchase their license from

    Original URL path: http://www.mtas.tennessee.edu/KnowledgeBase.nsf/cae6677dbd7f74a5852573ae005a41d4/d1b75c4ccefa467c852574c8006bc811?OpenDocument (2015-11-11)
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