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In March, the Memphis City
Council passed Ordinance Number 5091, which amends various sections of Memphis
City Code, Division 4, Disposal and Removal of Personal
Property. The ordinance addresses evictions taking
place within the city limits of
Memphis. Specifically, it
governs the disposal of personal property removed
from residences pursuant to an eviction. This was in response to
issues the city has faced in the past with personal property being
left on curbsides that created blight and public health/safety
issues around the property.
Ordinance Requirements:
Box and Bag Occupant Property:
Any landlord or
property owner that places occupant property or debris on
a City
right-of-way, easement, or property owned or maintained by the
city after an eviction,
must discard personal property (excluding bulky items) in heavy-duty
trash bags or cardboard boxes placed neatly at the curb.
Contact the City of Memphis Solid Waste
Management: by phone at 901-576-6581, by fax at
901-576-6879, or by email at solidwaste@memphistn.gov.
Any landlord or property owner who
places occupant property
or debris at the curb must notify the Solid Waste Department within 24 hours or the next
business day after the eviction.
Dispose of the Property Within 72
Hours: If the City is not
needed to remove the items, the landlord or property owner
must remove and
properly dispose of the property/debris in a permitted local city
landfill.
Failure
to Comply With All Sections of Ordinance 5091 Will
Result in a Citation and/or Fine: Landlords or Property
owners who fail to
comply with the ordinance will be issued a citation to appear in
court and face a fine for each violation AND be
invoiced to pay the
actual disposal cost incurred by the city.
This ordinance directly affects post-foreclosure evictions
and will be enforced against
mortgage servicers or their contractors who process
evictions. The ordinance also places restrictions on the removal and
disposition of personal property. In addition, the
ordinance does not shield the evicting party from liability or
prevent a former occupant from suing for damages if personal
property of value is damaged or lost, even when the ordinance is
followed.
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