Sec. 12-40-9. - Downtown parking facility revitalization and safety program.
A. Intent and scope of the section. This section is intended to create a new section to establish the downtown parking facility revitalization and safety program. In addition, this section designates downtown parking facilities as a priority area for inspections and enforcement of existing minimum standards for property maintenance, safety, and sanitation; and provide a framework for coordination between the city's code enforcement division and other city divisions and partner entities in addressing conditions of downtown parking facilities that may violate the IPMC or otherwise endanger public health, safety, and welfare.
B. Definitions.
1. Downtown means the geographic area defined by the Memphis 3.0 Comprehensive Plan, bounded generally by the Mississippi River to the west, A.W. Willis/North Parkway to the north, East Parkway to the east, and Crump Boulevard to the south.
2. Parking facility means any structure, surface lot, or combination thereof, open to the public for vehicular parking, whether for hourly, daily, monthly, or event-based use.
3. Downtown public parking facility means any parking facility located within downtown that is available for use by the general public, whether operated on a paid or unpaid basis.
4. Parking garage means any multi-level parking facility privately owned and managed that is accessible to the general public located in downtown Memphis.
5. Code official has the same meaning as in the IPMC as locally adopted, and includes any duly authorized representative or deputy of the code official acting within the scope of authority granted by the IPMC and city ordinances.
6. Subject IPMC provisions means, for purposes of downtown public parking facilities, the provisions of the IPMC as locally adopted that apply to nonresidential structures and related premises, including but not limited to sections 101, 102, 103, 104, 106, 107, 108, 109, 302, 304, 305, 308, 402, and 606, as they may be amended from time to time.
7. Facility operators means any individual, company, contractor, or entity responsible for managing, maintaining, or overseeing the daily operations of a parking facility.
8. Program means the downtown parking facility revitalization and safety program as established in this ordinance.
C. Program objectives. The program shall aim to:
1. Identify downtown public parking facilities whose physical condition, structural elements, lighting, sanitation, or maintenance may constitute a violation of the subject IPMC provisions or otherwise render the facility unsafe, unfit for occupancy, or unlawful under the IPMC.
2. Encourage regular observation and, as resources allow, periodic inspections of downtown public parking facilities by code enforcement, consistent with the authority granted by IPMC sections 103 and 104, to determine compliance with the subject IPMC provisions.
3. Promote timely correction of conditions that violate the subject IPMC provisions, including but not limited to:
a. Unsafe structures or equipment, or structures unfit for human occupancy, as defined in IPMC Section 108;
b. Exterior property and premises that are not maintained in a clean, safe, and sanitary condition as required by IPMC section 302;
c. Exterior and interior structural elements (including but not limited to walls, ceilings, stairways, railings, decks, ramps, roofs, and other structural components) that are not maintained in sound condition and good repair as required by IPMC sections 304 and 305;
d. Accumulations of rubbish and garbage, spills, fluids, or other hazards in violation of IPMC section 308;
e. Inadequate light and illumination of interior or enclosed areas, where such conditions render the structure unsafe or unfit for use under IPMC section 402; and
f. Elevators, escalators, and dumbwaiters that are not maintained in compliance with IPMC section 606 or applicable referenced codes.
D. Program requirements.
1. Inspections.
a. The code official is authorized to make inspections of downtown public parking facilities pursuant to IPMC sections 103 and 104 and the city's property maintenance program, in order to determine compliance with the subject IPMC provisions.
b. The code official may coordinate such inspections with other city divisions and with the downtown mobility authority as appropriate, provided that code enforcement's actions are in accordance with the IPMC and any other applicable city ordinances.
2. Findings and notices.
a. Where a downtown public parking facility is found to be in violation of the subject IPMC provisions, the code official shall issue notices of violation, orders, or other remedies consistent with IPMC sections 106 and 107.
b. Notices shall describe the conditions observed, identify the specific IPMC sections alleged to be violated, and provide a reasonable time to abate or correct the violations as required by the IPMC.
3. Unsafe structures and emergency measures.
a. Where the condition of a parking garage or other downtown public parking facility constitutes an unsafe structure, unsafe equipment, or a structure unfit for human occupancy under IPMC section 108, the code official may condemn the structure or equipment and take such actions as are authorized by IPMC section 108, including placarding and requiring the structure to be vacated or secured.
b. In cases of imminent danger, the code official may take emergency measures as authorized by IPMC section 109, including ordering occupants to vacate, closing sidewalks or streets in coordination with the appropriate authorities, or taking temporary measures to secure the premises.
E. Reporting.
a. During the city's annual budget preparation and adoption process, or approximately six months following the effective date of the ordinance from which this section is derived if sufficient data is not available during the budget process, the administration shall make a presentation to the Memphis City Council, detailing the effectiveness of more focused enforcement of the IPMC as it relates to parking garages; and, if necessary, the administration shall, at that time, provide a detailed report that outlines any additional resources that may be beneficial in order to continue enforcement.
(Ord. No. 5943, § 1, 2-24-2026)
