Background
Junk vehicles can present a health and safety hazard as well as undermine the aesthetic attributes of a community. The state has enacted statutes and most municipalities have adopted ordinances that regulate the storage of motor vehicles on private property.
In addition, T.C.A.55-5-122 (a) authorizes the removal of junk vehicles located on private property, if:
o the owner consents; o the person removing the car has a security interest in the vehicle; or o the removal of the vehicle is conducted under court order.
The statute also states that, in addition to other criminal penalties associated with trespassing, any person who violates T.C.A. 55-5-122 is civilly liable to the owner of the motor vehicle for triple the amount of the costs incurred by the owner in recovering any vehicles removed from his or her property.
However, the statute exempts any persons removing vehicles pursuant to state laws authorizing the removal of abandoned and junked motor vehicles from criminal or civil liability.
Problem
If after repeated warnings and after ignoring several fines levied to enforce a municipal junk vehicle ordinance, a property owner refused to remove the offending vehicle(s); or, if after several attempts, the city was unable to locate an absentee owner, then the city might seek a court under to remove the vehicles under the state statutes.
However, if a municipal employee were to enter private property, under a court order issued by a municipal court, for the purposes of removing a junk vehicle, it is possible that this action would violate T.C.A.55-5-122 (a), and subject to the municipality and its employee to civil and criminal penalties.
The state statutes clearly authorize the removal of junk vehicles from private property under court order, but, as municipal courts are not generally considered courts of record, municipal judges do not have the authority to enter orders allowing municipal employees entry onto private property.
As a result of the absence of an exemption for municipal court orders in the statute, cities must hire attorneys and file actions in courts of record (Chancery or Circuit courts) to obtain orders to enter private property and remove junk vehicles when the property owner refuses to comply with local ordinances.
Remedy
TML is seeking approval of legislation that amends T.C.A. 55-5-125 to allow the enforcement of orders issued by municipal courts pertaining to the removal of junk vehicles by local governments.
Benefit to Municipalities
Cities will have clear legal authority to enforce junk vehicle ordinances and to remove junk cars from private property absent the risk of civil or criminal liability which currently exists under state law. Clarifying municipalities' authority in this regard will enable cities to more fully satisfy citizen complaints regarding junk and abandoned vehicles, making communities safer and cleaner.
