City Property Definitions - New South Memphis Bylaws
In New South Memphis, Tennessee, understanding how local law defines "city property" is essential for property managers, developers, and residents. This guide summarizes the municipal definitions that commonly apply to streets, parks, easements, public buildings, and lands held for municipal use, and points to the city code and enforcement office for official text and reporting. Use the links below to consult the primary municipal code source and the Code Enforcement office for complaints and inspections.[1] [2]
Scope and Common Definitions
Municipal codes typically distinguish between fee-owned property, public easements, rights-of-way, and property under the control of specific municipal departments. Key terms to watch for in local ordinances include "public property," "right-of-way," "municipal easement," "city-owned land," and "public facility." These definitions determine permitted uses, maintenance responsibilities, and enforcement pathways.
Penalties & Enforcement
Enforcement of rules affecting city property is handled by the municipal code enforcement or equivalent department; the primary ordinance text and enforcement procedures are available from the city code and the Code Enforcement office cited below.[1][2]
- Monetary fines: amounts and per-day rates are not specified on the cited page.
- Escalation: first, repeat, and continuing offence ranges are not specified on the cited page.
- Non-monetary sanctions: removal orders, abatement, stop-work orders, lien placement, and referral to municipal court are typical; specific remedies are detailed in the municipal code.[1]
- Enforcer: City Code Enforcement or equivalent municipal department performs inspections, issues notices, and accepts complaints.[2]
- Inspection and complaint pathway: submit a complaint via the Code Enforcement office; see official contact details below.[2]
- Appeal and review: the municipal code or municipal court procedures govern appeals; specific time limits for appeal are not specified on the cited page.
- Defences and discretion: typical defences include permits, variances, or reasonable excuse as provided by ordinance or administrative discretion; check the code for precise provisions.[1]
Common violations
- Unauthorized use or occupation of public land (e.g., encroachments).
- Construction within rights-of-way without permit.
- Illegal dumping or obstruction of public property.
Applications & Forms
Permit, variance, and easement applications are typically handled by the city planning or public works department. Specific form names, numbers, fees, and submittal procedures are not specified on the cited municipal code page; contact the Planning or Code Enforcement office for the current application packet and fees.[1][2]
How-To
- Identify the parcel and determine whether the area in question is listed as city property in the municipal code or assessor records.
- Gather evidence: photos, dates, measurements, and contact information for witnesses.
- Submit a complaint or request inspection to Code Enforcement with the gathered evidence.[2]
- If cited, review notice for timelines and appeal instructions and submit an appeal within the specified period (see the notice and municipal code for exact times).
FAQ
- What qualifies as "city property"?
- City property generally includes land and facilities owned or controlled by the municipality such as parks, streets, and public buildings; consult the municipal code for precise statutory definitions.[1]
- Who enforces rules on city property?
- The municipal Code Enforcement office or the department identified in the city code enforces violations and manages inspections and notices.[2]
- How do I report an encroachment or illegal use?
- Document the issue and file a complaint with Code Enforcement using the official submission channels on the city's Code Enforcement page.[2]
Key Takeaways
- Confirm ownership and definitions in the municipal code before altering or occupying public land.
- Use official forms and permits for works affecting rights-of-way and public property.
- Report suspected violations to Code Enforcement with clear evidence.
Help and Support / Resources
- City of Memphis Code Enforcement
- Memphis Code of Ordinances (municipal code)
- City of Memphis Division of Planning & Development