reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MUNICIPAL GOVERNMENT GENERALLY (§§ 6-51-101 — 6-59-107) › Chapter 54 - MUNICIPAL POWERS GENERALLY (§§ 6-54-NEW — 6-54-1018) › Part 5 - ORDINANCES AND CODES (§§ 6-54-501 — 6-54-513) › Section 6-54-502 - Adoption of codes and public records by reference - Building code amendments

(a)
Any municipality is hereby authorized to adopt by reference any code or portions of any code as defined in §
6-54-501
, without setting forth such codes in full; provided, that at least one (1) copy of the code that is incorporated or adopted by reference is filed in the office of the clerk or recorder of the municipality and is kept available for public use, inspection, and examination. Any municipality is likewise authorized and empowered to adopt by reference any public records; provided, likewise, that one (1) copy of such public record is kept on file in the office of the clerk of the municipality as provided above for codes. The filing requirement herein prescribed shall not be deemed to be complied with unless the required copy of such code or public record is filed with the clerk of such municipality for a period of fifteen (15) days prior to adoption of the ordinance that incorporates such code or public record by reference.
(b)
In those municipalities that have adopted building codes by reference pursuant to subsection (a), except when a municipal governing body by a vote of at least two thirds (2/3) of its total membership elects not to incorporate by reference any specific change or amendment, the municipal governing body shall incorporate by reference all such subsequent changes and amendments thereof, properly identified as to date and source, as may be adopted by the agency or association that promulgated the code.
(c)
In those municipalities that have adopted building codes by reference pursuant to subsection (a), the requirements of subsection (b) may be satisfied by having the appropriate municipal code administrative official adopt administrative regulations that incorporate by reference such subsequent changes and amendments thereof, properly identified as to date and source, as may be adopted by the agency or association that promulgated the code.
(d)
Any administrative regulations that incorporate building code amendments by reference shall become effective upon the expiration of ninety (90) calendar days or after the second official meeting of the municipal governing body following the publication of the regulations, whichever is later, unless within that period of time a resolution disapproving such administrative regulation has been adopted by the municipal governing body.
(e)
In addition to complying with all requirements for the issuance of administrative regulations by the appropriate municipal code administrative official, the filing requirement of subsection (a) shall be complied with in adopting amendments to building codes by administrative regulation.
Acts 1951, ch. 216, § 2 (Williams, § 3336.7); Acts 1972, ch. 691, § 1; T.C.A. (orig. ed.), § 6-621; Acts 1989, ch. 245, §§ 1-3.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MUNICIPAL GOVERNMENT GENERALLY (§§ 6-51-101 — 6-59-107) › Chapter 54 - MUNICIPAL POWERS GENERALLY (§§ 6-54-NEW — 6-54-1018) › Part 5 - ORDINANCES AND CODES (§§ 6-54-501 — 6-54-513) › Section 6-54-503 - Adoption of amendments by reference

(a)
Any amendment that may be made to any code or public record incorporated by reference by a municipality under this part, may be likewise adopted by reference; provided, that an amended or corrected copy is filed with the clerk or recorder of such municipality for inspection, use, and examination by the public.
(b)
Ordinances adopting amendments by reference shall be required to be published as any other ordinances of the municipality and the requirements as to prior filing before passage shall apply likewise to amendments.
Acts 1951, ch. 216, § 5 (Williams, § 3336.10); T.C.A. (orig. ed.), § 6-622; Acts 1989, ch. 245, § 4.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MUNICIPAL GOVERNMENT GENERALLY (§§ 6-51-101 — 6-59-107) › Chapter 54 - MUNICIPAL POWERS GENERALLY (§§ 6-54-NEW — 6-54-1018) › Part 5 - ORDINANCES AND CODES (§§ 6-54-501 — 6-54-513) › Section 6-54-504 - Penalty clauses

Nothing contained in this part shall be deemed to permit the adoption of the penalty clauses by reference that may be established in the code or public record that is being incorporated by reference, and such penalty clauses shall be set forth in full in the adopting ordinances and be published along with and in the same manner as the adopting ordinance is required to be published.
Acts 1951, ch. 216, § 4 (Williams, § 3336.9); T.C.A. (orig. ed.), § 6-623.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MUNICIPAL GOVERNMENT GENERALLY (§§ 6-51-101 — 6-59-107) › Chapter 54 - MUNICIPAL POWERS GENERALLY (§§ 6-54-NEW — 6-54-1018) › Part 5 - ORDINANCES AND CODES (§§ 6-54-501 — 6-54-513) › Section 6-54-506 - Validation of ordinances prior to 1951

Any municipality that has before March 16, 1951, enacted a code or public record by reference thereto shall not be required to reenact such code or public record by reason of this part, and all previous incorporations by reference that would have been valid if this part had then been in effect are hereby ratified and declared effective; provided, that a copy was forthwith filed with the clerk or recorder of the municipality, if it had not already been filed.
Acts 1951, ch. 216, § 6 (Williams, § 3336.11); modified; T.C.A. (orig. ed.), § 6-625; Acts 1989, ch. 245, § 5.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MUNICIPAL GOVERNMENT GENERALLY (§§ 6-51-101 — 6-59-107) › Chapter 54 - MUNICIPAL POWERS GENERALLY (§§ 6-54-NEW — 6-54-1018) › Part 5 - ORDINANCES AND CODES (§§ 6-54-501 — 6-54-513) › Section 6-54-507 - Adoption of model traffic ordinance

All cities, towns and municipalities in this state are hereby authorized and empowered to adopt by reference the model traffic ordinance produced by the national committee on uniform traffic laws and ordinances.
Acts 1955, ch. 55, § 1; T.C.A., § 6-628.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MUNICIPAL GOVERNMENT GENERALLY (§§ 6-51-101 — 6-59-107) › Chapter 54 - MUNICIPAL POWERS GENERALLY (§§ 6-54-NEW — 6-54-1018) › Part 5 - ORDINANCES AND CODES (§§ 6-54-501 — 6-54-513) › Section 6-54-508 - Adoption of municipal code

(a)
Commencing March 21, 1955, no municipality, whether required by charter or otherwise, shall be required to publish its code of ordinances in a newspaper.
(b)
A public hearing shall be held prior to adoption of a code of ordinances, and advance notice thereof shall be published in a newspaper of general circulation in the municipality.
(c)
Any code of ordinances adopted before March 21, 1955, by any municipality is hereby validated with respect to any requirements for publication thereof.
(d)
If any part of such code of ordinances contains new provisions of a penal nature, then such published notice shall specifically state such fact and shall also state that a copy of such new provisions is available at the city recorder's office for examination.
Acts 1955, ch. 274, § 1; T.C.A., § 6-629; Acts 1981, ch. 194, § 2.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MUNICIPAL GOVERNMENT GENERALLY (§§ 6-51-101 — 6-59-107) › Chapter 54 - MUNICIPAL POWERS GENERALLY (§§ 6-54-NEW — 6-54-1018) › Part 5 - ORDINANCES AND CODES (§§ 6-54-501 — 6-54-513) › Section 6-54-509 - Notice of adoption of code

Any municipality that, on or after March 21, 1955, adopts a code of ordinances shall publish in a newspaper of general circulation in the municipality a notice that a code of ordinances has been adopted and that a copy is available at the city recorder's office for anyone who desires to examine it. Such notice shall also include a statement providing notice of any new provisions of a penal nature in such code of ordinances.
Acts 1955, ch. 274, § 2; T.C.A., § 6-630; Acts 1981, ch. 194, § 3.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MUNICIPAL GOVERNMENT GENERALLY (§§ 6-51-101 — 6-59-107) › Chapter 54 - MUNICIPAL POWERS GENERALLY (§§ 6-54-NEW — 6-54-1018) › Part 5 - ORDINANCES AND CODES (§§ 6-54-501 — 6-54-513) › Section 6-54-510 - Validation of codified ordinances

(a)
When any municipality has its ordinances codified and adopts a code of ordinances in accordance with this part, or when a municipality has its code of ordinances updated from time to time, the adoption of the code or the updating of the code of ordinances shall cure any defects that occurred in the adoption of any of the individual ordinances that are codified or referred to in the code.
(b)
The adoption of all ordinances codified or referred to in all municipal codes of ordinances previously adopted and in existence on April 16, 1990, is hereby expressly validated and ratified, notwithstanding that defects may have occurred in the adoption.
Acts 1990, ch. 863, § 1.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MUNICIPAL GOVERNMENT GENERALLY (§§ 6-51-101 — 6-59-107) › Chapter 54 - MUNICIPAL POWERS GENERALLY (§§ 6-54-NEW — 6-54-1018) › Part 5 - ORDINANCES AND CODES (§§ 6-54-501 — 6-54-513) › Section 6-54-511 - Inspections of residential rental property with code violations

(a)
(1)
If any residential rental property has three (3) code violations cited on three (3) separate dates within a six-month period, the municipal agency or department that is responsible for enforcement of building codes is authorized to conduct an in-home inspection of the property, regardless of whether the landlord or a tenant is in possession of the property.
(2)
The municipal agency or department that is responsible for enforcement of building codes may enter the dwelling unit only:
(A)
With the consent of the tenant in possession;
(B)
With a validly issued search warrant; or
(C)
In the event of an emergency presenting an immediate threat to the health, safety, and welfare of the tenant in possession.
(3)
Entry shall comply in all respects with Amendment IV of the Constitution of the United States, as well as Article I, § 7 of the Constitution of Tennessee. Entry shall be made in such manner as to cause the least possible inconvenience to the tenant in possession.
(b)
This section shall apply to any county having a metropolitan form of government and a population in excess of five hundred thousand (500,000), according to the 2000 federal census, or any subsequent federal census, and to any county having a population in excess of eight hundred thousand (800,000), according to the 2000 federal census or any subsequent federal census.
(c)
This section shall apply to any municipality having a population of not less than thirteen thousand seven hundred (13,700) nor more than thirteen thousand eight hundred (13,800), and to any municipality having a population of not less than twenty-seven thousand two hundred (27,200) nor more than twenty-seven thousand four hundred (27,400).
Acts 2006, ch. 851, § 1.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MUNICIPAL GOVERNMENT GENERALLY (§§ 6-51-101 — 6-59-107) › Chapter 54 - MUNICIPAL POWERS GENERALLY (§§ 6-54-NEW — 6-54-1018) › Part 5 - ORDINANCES AND CODES (§§ 6-54-501 — 6-54-513) › Section 6-54-512 - Actions of governing body to be by ordinance

The following actions of the governing body of a municipality shall be by ordinance unless otherwise allowed by general law to be done by resolution:
(1)
Any action required by general law or the charter of a municipality to be by ordinance; or
(2)
Any action that:
(A)
Levies a tax;
(B)
Makes a special assessment;
(C)
Is permanent in nature; or
(D)
Has a regulatory or penal effect.
Acts 2009, ch. 400, § 1.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MUNICIPAL GOVERNMENT GENERALLY (§§ 6-51-101 — 6-59-107) › Chapter 54 - MUNICIPAL POWERS GENERALLY (§§ 6-54-NEW — 6-54-1018) › Part 5 - ORDINANCES AND CODES (§§ 6-54-501 — 6-54-513) › Section 6-54-513 - Notice to owner of motor vehicle before forwarding unpaid parking tickets to collection agency

A municipality shall have no authority to forward to a collection agency unpaid parking tickets for collection without notifying the owner of record of the motor vehicle for which the parking ticket was issued. The notification shall be sent by postal mail to the owner of record of such motor vehicle that such action will occur unless the owner pays the unpaid tickets within thirty (30) days from the date the letter is mailed to the owner. The municipality shall also include in the notification a statement that, if the ticket is forwarded to a collection agency for collection, the agency may notify the credit bureau or credit agency of such fact, which could affect the owner's credit rating.
Acts 2009, ch. 577, § 1.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MUNICIPAL GOVERNMENT GENERALLY (§§ 6-51-101 — 6-59-107) › Chapter 54 - MUNICIPAL POWERS GENERALLY (§§ 6-54-NEW — 6-54-1018) › Part 6 - MUTUAL ASSISTANCE IN FIREFIGHTING (§§ 6-54-601 — 6-54-603) › Section 6-54-601 - Contracts and mutual aid agreements

(a)
Incorporated cities and towns are authorized to enter into contracts and mutual aid agreements with other incorporated cities and towns, with counties, with private incorporated fire departments, with utility districts that provide firefighting service, with metropolitan airport authorities that provide firefighting service, and with industrial fire departments to furnish one another assistance in fighting fires.
(b)
Incorporated cities and towns may also enter into contracts with organizations of residents and property owners of unincorporated communities for the purpose of providing firefighting assistance to the unincorporated community.
(c)
Any incorporated city or town may provide fire protection to citizens outside the territorial limits of the municipality on an individual contractual basis whenever an agreement has been made for the extension of that service by the legislative body of the municipality and the legislative body of the county in which the fire protection is to be provided. In addition, any municipality may provide fire protection to citizens within an area outside the territorial limits of the municipality without individual contracts whenever an agreement has been made by the legislative body of the municipality, and the legislative body of the county in which fire protection is to be provided for the extension of that service and establishing the area to be served. Counties may appropriate funds for the payment of compensation to the municipalities for the extension of firefighting service.
(d)
Contracts or mutual aid agreements entered into pursuant to this section by an incorporated city or town shall, in the judgment of the city's or town's governing body, be advantageous to and serve the public interest of the city or town.
(e)
The authority in this section for municipalities to go outside their corporate limits to provide firefighting service is in addition and supplemental to, and not in substitution for, any such authority in any other general law or in any municipality's charter.
Acts 1957, ch. 223, § 1; T.C.A., § 6-631; Acts 1983, ch. 45, § 1; 1983, ch. 289, § 1; 1984, ch. 554, § 1; 1985, ch. 159, § 1; 1987, ch. 158, §§ 1, 2.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MUNICIPAL GOVERNMENT GENERALLY (§§ 6-51-101 — 6-59-107) › Chapter 54 - MUNICIPAL POWERS GENERALLY (§§ 6-54-NEW — 6-54-1018) › Part 6 - MUTUAL ASSISTANCE IN FIREFIGHTING (§§ 6-54-601 — 6-54-603) › Section 6-54-602 - Mutual assistance as governmental function

In authorizing or permitting its fire department to answer calls outside the corporate limits as authorized in this part, and in answering such calls, the city or town and its officers and employees shall be considered as acting in a governmental capacity.
Acts 1957, ch. 223, § 2; T.C.A., § 6-632.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MUNICIPAL GOVERNMENT GENERALLY (§§ 6-51-101 — 6-59-107) › Chapter 54 - MUNICIPAL POWERS GENERALLY (§§ 6-54-NEW — 6-54-1018) › Part 6 - MUTUAL ASSISTANCE IN FIREFIGHTING (§§ 6-54-601 — 6-54-603) › Section 6-54-603 - Rights, duties and immunities of officers and employees

Any officer or employee of a fire department of an incorporated city or town, while engaged in any duty or activity in connection with this part or pursuant to orders or instructions from such person's officers or superiors, shall be entitled to all rights, privileges, exemptions and immunities as if such duty or activity were performed within the corporate limits of the incorporated city or town by which such person is employed.
Acts 1957, ch. 223, § 3; T.C.A., § 6-633.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MUNICIPAL GOVERNMENT GENERALLY (§§ 6-51-101 — 6-59-107) › Chapter 54 - MUNICIPAL POWERS GENERALLY (§§ 6-54-NEW — 6-54-1018) › Part 7 - REGULATION OF TRANSFER AND STORAGE BUSINESSES (§§ 6-54-701 — 6-54-705) › Section 6-54-701 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
"Governing body" means the official or officials authorized by law to exercise ordinance or other law-making power of a municipality;
(2)
"Local transfer and storage business" means the business of transferring and/or storing for a profit the household goods and effects of another within the confines of the territorial limits of the municipality adopting this part;
(3)
"Municipality" means any incorporated city or incorporated town of this state, with a population in excess of four hundred thousand (400,000), according to the federal census of 1960 or any subsequent federal census;
(4)
"Person" means any individual, firm, partnership, corporation, company, association, joint stock association, trustee, receiver or assignee; and
(5)
"Transfer and storage regulatory board" means any regulatory board created pursuant to §
6-54-702
.
Acts 1963, ch. 323, § 1; T.C.A., § 6-634.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MUNICIPAL GOVERNMENT GENERALLY (§§ 6-51-101 — 6-59-107) › Chapter 54 - MUNICIPAL POWERS GENERALLY (§§ 6-54-NEW — 6-54-1018) › Part 7 - REGULATION OF TRANSFER AND STORAGE BUSINESSES (§§ 6-54-701 — 6-54-705) › Section 6-54-702 - Creation of regulatory board

(a)
Any municipality may, by ordinance, or by resolution, create a transfer and storage regulatory board, which shall be authorized to exercise its functions upon the appointment and qualification of the first members of such board.
(b)
Upon adoption of an ordinance or resolution, whichever is applicable, creating a transfer and storage regulatory board, the governing body shall, pursuant to the ordinance or resolution, appoint five (5) persons as members of the board.
(c)
The members who are first appointed shall be designated to serve for terms of one (1), two (2), three (3), four (4) and five (5) years respectively, but thereafter each member shall be appointed for a term of five (5) years, except that vacancies occurring otherwise than by the expiration of the terms shall be filled for the unexpired term by the governing body in the same manner as the original appointments.
Acts 1963, ch. 323, § 2; T.C.A., § 6-635.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MUNICIPAL GOVERNMENT GENERALLY (§§ 6-51-101 — 6-59-107) › Chapter 54 - MUNICIPAL POWERS GENERALLY (§§ 6-54-NEW — 6-54-1018) › Part 7 - REGULATION OF TRANSFER AND STORAGE BUSINESSES (§§ 6-54-701 — 6-54-705) › Section 6-54-703 - Organization of board - Rules and regulations

Immediately upon appointment, the members of the regulatory board shall select from among the members a chair and a secretary of the board and, as soon thereafter as is feasible, the board shall submit to the governing body a set of rules and regulations that it deems necessary and desirable for the protection of the citizens of the municipality, to prevent irresponsible persons from engaging in the business and to avoid the likelihood of fraud and injustice being wrought upon the citizenry.
Acts 1963, ch. 323, § 3; T.C.A., § 6-636.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MUNICIPAL GOVERNMENT GENERALLY (§§ 6-51-101 — 6-59-107) › Chapter 54 - MUNICIPAL POWERS GENERALLY (§§ 6-54-NEW — 6-54-1018) › Part 7 - REGULATION OF TRANSFER AND STORAGE BUSINESSES (§§ 6-54-701 — 6-54-705) › Section 6-54-704 - Adoption and enforcement of regulations

(a)
The governing body may then adopt or reject the recommendations of the board by ordinance or resolution or make such modifications as it deems proper.
(b)
When proper regulations, satisfactory to the board and governing body, have been established, the governing body shall empower the board to regulate and enforce the regulations, adopting in the regulations such penal provisions as it deems necessary to ensure the powers in the board to enforce the regulations, and granting to persons feeling aggrieved by the enforcement of the regulations such appellate procedural rights as it deems proper.
Acts 1963, ch. 323, § 4; T.C.A., § 6-637.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MUNICIPAL GOVERNMENT GENERALLY (§§ 6-51-101 — 6-59-107) › Chapter 54 - MUNICIPAL POWERS GENERALLY (§§ 6-54-NEW — 6-54-1018) › Part 7 - REGULATION OF TRANSFER AND STORAGE BUSINESSES (§§ 6-54-701 — 6-54-705) › Section 6-54-705 - Compensation - Supplies and secretarial help - Fees

The members of the regulatory board shall serve without compensation; provided, that the governing body may expend such sums of money as it deems necessary to provide secretarial help and office supplies to the board as might be required, and may by ordinance or resolution levy a nominal charge upon those parties engaged in the local transfer and storage business as may be necessary to defray the expense thereof.
Acts 1963, ch. 323, § 5; T.C.A., § 6-638.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MUNICIPAL GOVERNMENT GENERALLY (§§ 6-51-101 — 6-59-107) › Chapter 54 - MUNICIPAL POWERS GENERALLY (§§ 6-54-NEW — 6-54-1018) › Part 8 - MINIMUM FIRE AND POLICE RETIREMENT ALLOWANCES (§§ 6-54-801 — 6-54-803) › Section 6-54-801 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
"Department" means the fire department or police department of any municipality that pays wages to its employees for services rendered;
(2)
"Employee" means any person who, on the adoption of this part, is a paid employee in the fire department or police department of any municipality and a member of a municipal retirement system or pension plan;
(3)
"Municipality" means any municipality having its own employees retirement system or pension plan;
(4)
"Retired employee" means any person who has been a paid employee in the fire department or police department of any municipality and who, on the adoption of this part, is receiving from such municipality a retirement allowance based upon such person's service in such department;
(5)
"Retirement allowance" means the monthly payment for life made to a retired employee or the retired employee's survivors or beneficiaries under a municipal employees retirement system or pension plan;
(6)
"Retirement system" or "pension plan" means an existing system or plan by which a municipality is paying or will pay the retired employees of its fire department or police department a retirement allowance after such employees have complied with certain conditions or requirements of employment or service to the municipality; and
(7)
"Survivor or beneficiary" includes any person, who is receiving, or who is entitled to receive, an allowance or survivor benefit from a retirement system that is based upon the retirement allowance of an employee or a retired employee.
Acts 1971, ch. 397, § 1; T.C.A., § 6-658.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MUNICIPAL GOVERNMENT GENERALLY (§§ 6-51-101 — 6-59-107) › Chapter 54 - MUNICIPAL POWERS GENERALLY (§§ 6-54-NEW — 6-54-1018) › Part 8 - MINIMUM FIRE AND POLICE RETIREMENT ALLOWANCES (§§ 6-54-801 — 6-54-803) › Section 6-54-802 - Adoption of part - Application of part

(a)
Notwithstanding any law to the contrary, the governing body of any municipality may by ordinance adopt this part to establish and to authorize the payment of the minimum retirement allowance provided in §
6-54-803
. The adoption of this part shall not authorize a decrease in the retirement allowance presently being paid to any retired employee. The adoption of this part by a municipality shall be permanent and such action may not be repealed to the detriment of any retired employee or such retired employee's survivor or beneficiary.
(b)
If the department of any municipality has more than one (1) retirement system or pension plan for its retired employees, the adoption of this part by the governing body of the municipality shall not affect any provisions of such retirement system or pension plan, except as is necessary to provide the minimum retirement allowance established in subsection (a).
(c)
This part shall not apply to retirement allowances of municipal employees under the Tennessee state retirement system.
(d)
This part shall not apply to any retirement system, pension plan or division thereof in which the member's or beneficiary's benefits are computed in conjunction with or reduced by social security benefits.
Acts 1971, ch. 397, § 2; T.C.A., § 6-659.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MUNICIPAL GOVERNMENT GENERALLY (§§ 6-51-101 — 6-59-107) › Chapter 54 - MUNICIPAL POWERS GENERALLY (§§ 6-54-NEW — 6-54-1018) › Part 8 - MINIMUM FIRE AND POLICE RETIREMENT ALLOWANCES (§§ 6-54-801 — 6-54-803) › Section 6-54-803 - Computation of allowances - Cost of living benefits

(a)
The minimum retirement allowance for an employee, during the remainder of such employee's life, shall be computed as follows:
(1)
The retirement allowance of such employee who retires upon reaching the minimum age of fifty (50) years or older after a total of not less than twenty-five (25) separate years of service in either or both departments shall be two percent (2%) multiplied by the number of years of service, up to a maximum of thirty (30) years of service, multiplied by such employee's highest monthly salary during such employee's period of service in the department.
(2)
Such allowance shall not be less than fifty percent (50%) or greater than sixty percent (60%) of such employee's highest monthly salary during such employee's period of service in the department.
(b)
In addition to the retirement allowance, a retired employee shall be paid a cost of living benefit each month beginning January 1 of the year following the twenty-fourth month of such employee's retirement. Such benefit shall be adjusted annually thereafter and shall be computed by multiplying the retirement allowance by the percentage of increase or decrease in the consumer price index, as compiled by the bureau of labor statistics in the United States department of labor, for the twelve-month period ending September 30 of each year. Such percentage shall not exceed three percent (3%) in any year. The retirement allowance shall not be decreased below the amount provided in subsection (a). Such percentage shall be applied only to the retirement allowance and shall not be compounded from year to year.
(c)
The retirement allowance of the survivor or beneficiary of any employee or retired employee shall be computed by using the allowances in subsection (a). The cost of living benefit shall be computed in the same manner as provided in subsection (b).
Acts 1971, ch. 397, § 3; T.C.A., § 6-660.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MUNICIPAL GOVERNMENT GENERALLY (§§ 6-51-101 — 6-59-107) › Chapter 54 - MUNICIPAL POWERS GENERALLY (§§ 6-54-NEW — 6-54-1018) › Part 9 - TRAVEL AND EXPENSES (§§ 6-54-901 — 6-54-907) › Section 6-54-901 - Reimbursement for expenses incident to holding office

(a)
Notwithstanding any public or private act to the contrary, in all municipalities of the state, any mayor and any member of the local governing body, and any board or committee member elected or appointed by the mayor or local governing body, and any official or employee of the municipality whose salary is set by charter or general law, may be reimbursed from municipal funds for the actual expense that such municipal officer may incur as an incident to holding such office.
(b)
The municipal legislative body shall by ordinance determine whether or not to pay the expenses of the mayor or any member of the local governing body, and any board or committee member elected or appointed by the mayor or local governing body, and any official or employee of the municipality whose salary is set by charter or general law; and, if it is determined that the municipality will reimburse expenses, shall enact a written policy as to how expenses will be reimbursed and determine what expenses are reimbursable.
(c)
In such municipality it is the duty of the chief administrative officer or such chief administrative officer's designee to prescribe forms on which expenses will be reported, and it is further made such chief administrative officer's duty to examine such expense report to determine if all expenses so listed as reimbursable are legally reimbursable expenditures within the schedule as determined by the municipal legislative body, and, if such listed expenses are reimbursable, then to forward the expense report to the proper disbursing officer for payment.
Acts 1993, ch. 433, § 1.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MUNICIPAL GOVERNMENT GENERALLY (§§ 6-51-101 — 6-59-107) › Chapter 54 - MUNICIPAL POWERS GENERALLY (§§ 6-54-NEW — 6-54-1018) › Part 9 - TRAVEL AND EXPENSES (§§ 6-54-901 — 6-54-907) › Section 6-54-902 - When expense allowances to be treated as compensation

To the extent not adequately documented as provided in §
6-54-901
, expense allowances shall be considered compensation for purposes of any salary limitations as may be provided by statute, charter or private act.
Acts 1993, ch. 433, § 2.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MUNICIPAL GOVERNMENT GENERALLY (§§ 6-51-101 — 6-59-107) › Chapter 54 - MUNICIPAL POWERS GENERALLY (§§ 6-54-NEW — 6-54-1018) › Part 9 - TRAVEL AND EXPENSES (§§ 6-54-901 — 6-54-907) › Section 6-54-903 - Review and audit of policies and amendments by comptroller

All municipal travel and expense reimbursement policies, and any amendments to the policies, must be made available for review and audit by the office of the comptroller of the treasury or the comptroller of the treasury's designee.
Amended by 2021 Tenn. Acts, ch. 127, s 1, eff. 4/13/2021.
Acts 1993, ch. 433, § 3.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MUNICIPAL GOVERNMENT GENERALLY (§§ 6-51-101 — 6-59-107) › Chapter 54 - MUNICIPAL POWERS GENERALLY (§§ 6-54-NEW — 6-54-1018) › Part 9 - TRAVEL AND EXPENSES (§§ 6-54-901 — 6-54-907) › Section 6-54-904 - Municipal technical advisory service model policies

The municipal technical advisory service (MTAS) shall disseminate, and amend from time to time as necessary, a model travel and expense policy to provide guidance for the various municipalities. Such policy and amendments thereto are subject to the approval of the comptroller of the treasury. Any municipality that adopts the policy promulgated by MTAS is not required to file such policy with the office of the comptroller of the treasury, but shall notify the comptroller in writing that the policy promulgated by MTAS was adopted and the date such action was taken.
Acts 1993, ch. 433, § 4; 2004, ch. 656, § 3.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MUNICIPAL GOVERNMENT GENERALLY (§§ 6-51-101 — 6-59-107) › Chapter 54 - MUNICIPAL POWERS GENERALLY (§§ 6-54-NEW — 6-54-1018) › Part 9 - TRAVEL AND EXPENSES (§§ 6-54-901 — 6-54-907) › Section 6-54-905 - Provision of vehicles - Policy

Municipalities may provide vehicles for the use of the mayor, any member of the local governing body, any board or committee member elected or appointed by the mayor or local governing body, and any official or employee whose salary is set by charter or general law. Such vehicles shall be provided pursuant to a written policy adopted by the municipal legislative body. The written policy for vehicle use shall be separate from the travel and expense policy provided for in the previous sections of this part and shall contain no other subject matter.
Acts 1993, ch. 433, § 5.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MUNICIPAL GOVERNMENT GENERALLY (§§ 6-51-101 — 6-59-107) › Chapter 54 - MUNICIPAL POWERS GENERALLY (§§ 6-54-NEW — 6-54-1018) › Part 9 - TRAVEL AND EXPENSES (§§ 6-54-901 — 6-54-907) › Section 6-54-906 - Direct payments

In addition to the authority to reimburse expenses provided in this part, municipalities may pay directly for travel expenses, including meals and lodging, and registration fees for conferences, conventions, seminars, and other education programs on behalf of the mayor, and any member of the local governing body, and any board or committee member elected or appointed by the mayor or local governing body, and any official or employee whose salary is set by charter or general law, provided payment is made directly to the provider and not to the official or employee.
Acts 1993, ch. 433, § 6.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MUNICIPAL GOVERNMENT GENERALLY (§§ 6-51-101 — 6-59-107) › Chapter 54 - MUNICIPAL POWERS GENERALLY (§§ 6-54-NEW — 6-54-1018) › Part 9 - TRAVEL AND EXPENSES (§§ 6-54-901 — 6-54-907) › Section 6-54-907 - Applicability

This part does not apply to municipalities nor to metropolitan governments with a population greater than one hundred thousand (100,000), according to the most recent federal decennial census. Those municipalities and metropolitan governments may elect to pay and/or reimburse expenses for their officials in accordance with travel and expense policies that may be adopted and amended from time to time by the appropriate bodies or officials.
Acts 1993, ch. 433, § 7.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MUNICIPAL GOVERNMENT GENERALLY (§§ 6-51-101 — 6-59-107) › Chapter 54 - MUNICIPAL POWERS GENERALLY (§§ 6-54-NEW — 6-54-1018) › Part 10 - OFFICE OF ADMINISTRATIVE HEARING OFFICER (§§ 6-54-1001 — 6-54-1018) › Section 6-54-1001 - Creation by ordinance - Contents of ordinance - Interlocal agreements - Existing municipal power or authority

(a)
Municipalities are authorized to create, by ordinance, the office of administrative hearing officer to hear building and property maintenance code violations.
(b)
Such authorizing ordinance must, at minimum, contain:
(1)
Reference to the municipal code sections subject to administrative jurisdiction; and
(2)
The number of administrative hearing officer positions created.
(c)
Two (2) or more municipalities may enter into an interlocal agreement to employ one (1) or more administrative hearing officers if so referenced in the adopting ordinance.
(d)
No provision in this part diminishes or terminates any existing municipal power or authority.
(e)
For purposes of this part, "municipality" means any incorporated town or city, or metropolitan form of government.
Amended by 2017 Tenn. Acts, ch. 489,s 1, eff. 6/6/2017.
Acts 2010, ch. 1128, § 1.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MUNICIPAL GOVERNMENT GENERALLY (§§ 6-51-101 — 6-59-107) › Chapter 54 - MUNICIPAL POWERS GENERALLY (§§ 6-54-NEW — 6-54-1018) › Part 10 - OFFICE OF ADMINISTRATIVE HEARING OFFICER (§§ 6-54-1001 — 6-54-1018) › Section 6-54-1002 - Jurisdiction of administrative body - Restrictions on authority

(a)
The administrative body has jurisdiction to hear cases involving violations of municipal ordinances regulating building and property maintenance, including:
(1)
Locally adopted building codes;
(2)
Locally adopted residential codes;
(3)
Locally adopted plumbing codes;
(4)
Locally adopted electrical codes;
(5)
Locally adopted gas codes;
(6)
Locally adopted mechanical codes;
(7)
Locally adopted energy codes;
(8)
Locally adopted property maintenance codes;
(9)
Locally adopted zoning codes; and
(10)
Ordinances regulating any subject matter commonly found in the codes mentioned in subdivisions (a)(1)-(9).
(b)
Administrative hearing officers are not authorized to hear violations of codes adopted by the state fire marshal pursuant to §
68-120-101(a)
enforced by a deputy building inspector pursuant to §
68-120-101(f)
.
Amended by 2017 Tenn. Acts, ch. 489,s 2, eff. 6/6/2017.
Acts 2010, ch. 1128, § 1.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MUNICIPAL GOVERNMENT GENERALLY (§§ 6-51-101 — 6-59-107) › Chapter 54 - MUNICIPAL POWERS GENERALLY (§§ 6-54-NEW — 6-54-1018) › Part 10 - OFFICE OF ADMINISTRATIVE HEARING OFFICER (§§ 6-54-1001 — 6-54-1018) › Section 6-54-1003 - Communications by administrative hearing officer and parties in contested cases

(a)
Unless required for the disposition of ex parte matters specifically authorized by statute, an administrative hearing officer presiding over a contested case proceeding may not communicate, directly or indirectly, regarding any issue in the proceeding, while the proceeding is pending, with any person without notice and opportunity for all parties to participate in the communication.
(b)
Notwithstanding subsection (a), an administrative hearing officer may communicate with municipal employees or officials regarding a matter pending before the administrative body or may receive aid from staff assistants, members of the staff of the city attorney or a licensed attorney, if such persons do not receive ex parte communications of a type that the administrative hearing officer would be prohibited from receiving, and do not furnish, augment, diminish or modify the evidence in the record.
(c)
Unless required for the disposition of ex parte matters specifically authorized by statute, no party to a contested case, and no other person may communicate, directly or indirectly, in connection with any issue in that proceeding, while the proceeding is pending, with any person serving as an administrative hearing officer without notice and opportunity for all parties to participate in the communication.
(d)
If, before serving as an administrative hearing officer in a contested case, a person receives an ex parte communication of a type that may not properly be received while serving, the person, promptly after starting to serve, shall disclose the communication in the manner prescribed in subsection (e).
(e)
An administrative hearing officer who receives an ex parte communication in violation of this section shall place on the record of the pending matter all written communications received, all written responses to the communications, and a memorandum stating the substance of all oral communications received, all responses made, and the identity of each person from whom the person received an ex parte communication, and shall advise all parties that these matters have been placed on the record. Any party desiring to rebut the ex parte communication shall be allowed to do so, upon requesting the opportunity for rebuttal within ten (10) business days after notice of the communication.
Acts 2010, ch. 1128, § 1.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MUNICIPAL GOVERNMENT GENERALLY (§§ 6-51-101 — 6-59-107) › Chapter 54 - MUNICIPAL POWERS GENERALLY (§§ 6-54-NEW — 6-54-1018) › Part 10 - OFFICE OF ADMINISTRATIVE HEARING OFFICER (§§ 6-54-1001 — 6-54-1018) › Section 6-54-1004 - Appearance in person or by a duly authorized representative - Representation by counsel

(a)
Any party may participate in the hearing in person or, if the party is a corporation or other artificial person, by a duly authorized representative.
(b)
Whether or not participating in person, any party may be advised and represented at the party's own expense by counsel or, unless prohibited by any provision of law, other representative.
Acts 2010, ch. 1128, § 1.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MUNICIPAL GOVERNMENT GENERALLY (§§ 6-51-101 — 6-59-107) › Chapter 54 - MUNICIPAL POWERS GENERALLY (§§ 6-54-NEW — 6-54-1018) › Part 10 - OFFICE OF ADMINISTRATIVE HEARING OFFICER (§§ 6-54-1001 — 6-54-1018) › Section 6-54-1005 - Prehearing conference - Hearing or converting prehearing conference to hearing - Prehearing orders

(a)
(1)
In any action set for hearing, the administrative hearing officer, upon the administrative hearing officer's own motion, or upon motion of one (1) of the parties or such party's qualified representatives, may direct the parties or the attorneys for the parties, or both, to appear before the administrative hearing officer for a conference to consider:
(A)
The simplification of issues;
(B)
The possibility of obtaining admissions of fact and of documents that will avoid unnecessary proof;
(C)
The limitation of the number of witnesses; and
(D)
Such other matters as may aid in the disposition of the action.
(2)
The administrative hearing officer shall make an order that recites the action taken at the conference, and the agreements made by the parties as to any of the matters considered, and that limits the issues for hearing to those not disposed of by admissions or agreements of the parties. Such order when entered controls the subsequent course of the action, unless modified at the hearing to prevent manifest injustice.
(b)
Upon reasonable notice to all parties, the administrative hearing officer may convene a hearing or convert a prehearing conference to a hearing, to be conducted by the administrative hearing officer sitting alone, to consider argument or evidence, or both, on any question of law.
(c)
In the discretion of the administrative hearing officer, all or part of the prehearing conference may be conducted by telephone, television or other electronic means, if each participant in the conference has an opportunity to participate in, to hear, and, if technically feasible, to see the entire proceeding while it is taking place.
(d)
If a prehearing conference is not held, the administrative hearing officer may issue a prehearing order, based on the pleadings, to regulate the conduct of the proceedings.
Acts 2010, ch. 1128, § 1.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MUNICIPAL GOVERNMENT GENERALLY (§§ 6-51-101 — 6-59-107) › Chapter 54 - MUNICIPAL POWERS GENERALLY (§§ 6-54-NEW — 6-54-1018) › Part 10 - OFFICE OF ADMINISTRATIVE HEARING OFFICER (§§ 6-54-1001 — 6-54-1018) › Section 6-54-1006 - Appointment of administrative hearing officer - Temporary appointment of admininstrative law judge

(a)
Each administrative hearing officer shall be appointed by the local governing body for a four-year term and serve at the pleasure of the appointing governing body. Such administrative hearing officer may be reappointed.
(b)
An administrative hearing officer shall be one (1) of the following:
(1)
Licensed building inspector;
(2)
Licensed plumbing inspector;
(3)
Licensed electrical inspector;
(4)
Licensed attorney;
(5)
Licensed architect; or
(6)
Licensed engineer.
(c)
A municipality may also contract with the administrative procedures division, office of the Tennessee secretary of state to employ an administrative law judge on a temporary basis to serve as an administrative hearing officer. Such administrative law judge shall not be subject to the requirements of §
6-54-1007(a) and (b)
.
Acts 2010, ch. 1128, § 1.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MUNICIPAL GOVERNMENT GENERALLY (§§ 6-51-101 — 6-59-107) › Chapter 54 - MUNICIPAL POWERS GENERALLY (§§ 6-54-NEW — 6-54-1018) › Part 10 - OFFICE OF ADMINISTRATIVE HEARING OFFICER (§§ 6-54-1001 — 6-54-1018) › Section 6-54-1007 - Training and continuing education - Fees

(a)
Each person appointed to serve as an administrative hearing officer shall, within the six-month period immediately following the date of such appointment, participate in a program of training conducted by the University of Tennessee's municipal technical advisory service, referred to in this part as MTAS. MTAS shall issue a certificate of participation to each person whose attendance is satisfactory. The curricula for the initial training shall be developed by MTAS with input from the administrative procedures division, office of the Tennessee secretary of state. MTAS shall offer this program of training no less than twice per calendar year.
(b)
Each person actively serving as an administrative hearing officer shall complete six (6) hours of continuing education every calendar year. MTAS shall develop the continuing education curricula and offer that curricula for credit no less than twice per calendar year. The education required by this section shall be in addition to any other continuing education requirements required for other professional licenses held by the individuals licensed under this part. No continuing education hours from one (1) calendar year may be carried over to a subsequent calendar year.
(c)
MTAS has the authority to set and enact appropriate fees for the requirements of this section. A municipality shall bear the cost of the fees for administrative hearing officers serving their jurisdiction.
(d)
Costs pursuant to this section shall be offset by fees enacted.
Acts 2010, ch. 1128, § 1.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MUNICIPAL GOVERNMENT GENERALLY (§§ 6-51-101 — 6-59-107) › Chapter 54 - MUNICIPAL POWERS GENERALLY (§§ 6-54-NEW — 6-54-1018) › Part 10 - OFFICE OF ADMINISTRATIVE HEARING OFFICER (§§ 6-54-1001 — 6-54-1018) › Section 6-54-1008 - Citations for violations - Written notice - Signature of violator - Service on absentee property owners - Deadline for transmission of citations

(a)
Upon the issuance of a citation for violation of a municipal ordinance referenced in the municipality's administrative hearing ordinance, the issuing officer shall provide written notice of:
(1)
A short and plain statement of the matters asserted. If the issuing officer is unable to state the matters in detail at the time the citation is served, the initial notice may be limited to a statement of the issues involved and the ordinance violations alleged. Thereafter, upon timely, written application a more definite and detailed statement shall be furnished ten (10) business days prior to the time set for the hearing;
(2)
A short and plain description of the municipality's administrative hearing process including references to state and local statutory authority;
(3)
Contact information for the municipality's administrative hearing office; and
(4)
Time frame in which the hearing officer will review the citation and determine the fine and remedial period, if any.
(b)
Citations issued for violations of ordinances referenced in the municipality's administrative hearing ordinance shall be signed by the alleged violator at the time of issuance. If an alleged violator refuses to sign, the issuing officer shall note the refusal and attest to the alleged violator's receipt of the citation. An alleged violator's signature on a citation is not admission of guilt.
(c)
Citations issued upon absentee property owners may be served via certified mail sent to the last known address of the recorded owner of the property.
(d)
Citations issued for violations of ordinances referenced in the municipality's administrative hearing ordinance shall be transmitted to an administrative hearing officer within two (2) business days of issuance.
Acts 2010, ch. 1128, § 1.