reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 21 - SLUM CLEARANCE AND REDEVELOPMENT (§§ 13-21-101 — 13-21-314) › Part 1 - STRUCTURES UNFIT FOR OCCUPATION OR USE (§§ 13-21-101 — 13-21-110) › Section 13-21-105 - Service of complaints or orders

Complaints or orders issued by a public officer pursuant to an ordinance adopted under this part shall be served upon persons either personally or by registered mail, but if the whereabouts of such persons are unknown and the same cannot be ascertained by the public officer in the exercise of reasonable diligence, and the public officer shall make an affidavit to that effect, then the serving of such complaint or order upon such persons may be made by publishing the same once each week for two (2) consecutive weeks in a newspaper printed and published in the municipality, or in the absence of such newspaper, in one printed and published in the county and circulating in the municipality in which the structures are located. A copy of such complaint or order shall be posted in a conspicuous place on premises affected by the complaint or order. A copy of such complaint or order shall also be filed for record in the register's office of the county in which the structure is located, and such filing of the complaint or order shall have the same force and effect as other lis pendens notices provided by law.
Acts 1939, ch. 152, § 5; C. Supp. 1950, § 3647.34 (Williams, § 3647.46); T.C.A. (orig. ed.), § 13-1205; Acts 1985, ch. 286, § 5.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 21 - SLUM CLEARANCE AND REDEVELOPMENT (§§ 13-21-101 — 13-21-314) › Part 1 - STRUCTURES UNFIT FOR OCCUPATION OR USE (§§ 13-21-101 — 13-21-110) › Section 13-21-106 - Enjoining enforcement of order

(a)
Any person affected by an order issued by the public officer may file a bill in the chancery court for an injunction restraining the public officer from carrying out the order, and the court may, upon the filing of such bill, issue a temporary injunction restraining the public officer pending the final disposition of the cause; provided, that within sixty (60) days after the posting and service of the order of the public officer, such person shall file such bill in the court. Hearings shall be had by the court on such bills within twenty (20) days, or as soon thereafter as possible, and shall be given preference over other matters on the court's calendar.
(b)
The court shall hear and determine the issues raised and shall enter such final order or decree as law and justice may require. In all such proceedings, the findings of the public officer as to facts, if supported by evidence, shall be conclusive. Costs shall be in the discretion of the court. The remedies herein provided shall be exclusive remedies, and no person affected by an order of the public officer shall be entitled to recover any damages for action taken pursuant to any order of the public officer, or because of noncompliance by such person with any order of the public officer.
Acts 1939, ch. 152, § 6; C. Supp. 1950, § 3647.35 (Williams, § 3647.47); T.C.A. (orig. ed.), § 13-1206.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 21 - SLUM CLEARANCE AND REDEVELOPMENT (§§ 13-21-101 — 13-21-314) › Part 1 - STRUCTURES UNFIT FOR OCCUPATION OR USE (§§ 13-21-101 — 13-21-110) › Section 13-21-107 - Powers given public officer by ordinance

An ordinance adopted by the governing body of the municipality may authorize the public officer to exercise such powers as may be necessary or convenient to carry out and effectuate the purposes and provisions of this part, including the following powers in addition to others herein granted, to:
(1)
Investigate conditions in the municipality in order to determine which structures therein are unfit for human occupation or use;
(2)
Administer oaths, affirmations, examine witnesses and receive evidence;
(3)
Enter upon premises for the purpose of making examinations; provided, that such entries shall be made in such manner as to cause the least possible inconvenience to the persons in possession;
(4)
Appoint and fix the duties of such officers, agents and employees as the public officer deems necessary to carry out the purposes of the ordinances; and
(5)
Delegate any of such public officer's functions and powers under the ordinance to such officers and agents as the public officer may designate.
Acts 1939, ch. 152, § 7; C. Supp. 1950, § 3647.36 (Williams, § 3647.48); T.C.A. (orig. ed.), § 13-1207; Acts 1985, ch. 286, §§ 4, 5.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 21 - SLUM CLEARANCE AND REDEVELOPMENT (§§ 13-21-101 — 13-21-314) › Part 1 - STRUCTURES UNFIT FOR OCCUPATION OR USE (§§ 13-21-101 — 13-21-110) › Section 13-21-108 - Estimate of annual expenses and costs

The governing body of any municipality adopting an ordinance under this part shall, as soon as possible thereafter, prepare an estimate of the annual expenses or costs to provide the equipment, personnel and supplies necessary for periodic examinations and investigations of the structures in such municipality, for the purpose of determining the fitness of such structures for human occupation or use, and for the enforcement and administration of its ordinances adopted under this part, and any such municipality is authorized to make such appropriation from its revenues as it may deem necessary for this purpose, and may accept and apply grants or donations to assist it in carrying out such ordinances.
Acts 1939, ch. 152, § 8; C. Supp. 1950, § 3647.37 (Williams, § 3647.49); T.C.A. (orig. ed.), § 13-1208; Acts 1985, ch. 286, § 5.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 21 - SLUM CLEARANCE AND REDEVELOPMENT (§§ 13-21-101 — 13-21-314) › Part 1 - STRUCTURES UNFIT FOR OCCUPATION OR USE (§§ 13-21-101 — 13-21-110) › Section 13-21-109 - Part confers supplementary powers

Nothing in this part shall be construed to abrogate or impair the powers of the courts or of any department of any municipality to enforce any provisions of its charter or its ordinances or regulations, nor to prevent or punish violations thereof, and the powers conferred by this part shall be in addition and supplemental to the powers conferred by any other law.
Acts 1939, ch. 152, § 9; C. Supp. 1950, § 3647.38 (Williams, § 3647.50); T.C.A. (orig. ed.), § 13-1209.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 21 - SLUM CLEARANCE AND REDEVELOPMENT (§§ 13-21-101 — 13-21-314) › Part 1 - STRUCTURES UNFIT FOR OCCUPATION OR USE (§§ 13-21-101 — 13-21-110) › Section 13-21-110 - Violation of order to vacate structure declared unfit for human occupation - Authorizing or facilitating occupancy - Penalty

(a)
Any occupied structure declared unfit for human occupation or use shall be immediately vacated as ordered by the public officer designated or appointed to exercise the powers prescribed by any ordinance adopted pursuant to the authority of this part.
(b)
Any person who violates an order to vacate a structure declared unfit for human occupation or use commits a Class B misdemeanor.
(c)
Any owner, manager, or person responsible for a structure declared unfit for human occupation or use who authorizes or facilitates the occupancy of the structure commits a Class B misdemeanor.
Added by 2015 Tenn. Acts, ch. 244,s 1, eff. 7/1/2015.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 21 - SLUM CLEARANCE AND REDEVELOPMENT (§§ 13-21-101 — 13-21-314) › Part 2 - ACQUISITION OF VACANT PROPERTIES (§§ 13-21-201 — 13-21-208) › Section 13-21-201 - Findings, purpose and policy

(a)
It is hereby found that:
(1)
There exist in many municipalities and counties blighted and deteriorated properties in neighborhoods which cause the deterioration of those and contiguous neighborhoods and constitute a serious and growing menace which is injurious to the public health, safety, morals and general welfare of the residents of Tennessee, and are beyond remedy and control solely by regulatory process in the exercise of the police power;
(2)
The existence of blighted and deteriorated properties, both residential and commercial, within neighborhoods, and the growth and spread of blight and deterioration or the threatened deterioration of other neighborhoods and properties:
(A)
Contribute substantially and increasingly to the spread of disease and crime, and to losses by fire and accident;
(B)
Necessitate expensive and disproportionate expenditures of public funds for the preservation of the public health and safety, for crime prevention, correction, prosecution, and punishment, for the treatment of juvenile delinquency, for the maintenance of adequate police, fire and accident protection, and for other public services and facilities;
(C)
Constitute an economic and social liability;
(D)
Substantially impair or arrest the sound growth of the community;
(E)
Retard the provision of decent, safe and sanitary housing and public accommodations;
(F)
Depreciate assessable values;
(G)
Cause an abnormal exodus of families and businesses from these neighborhoods; and
(H)
Are detrimental to the health, the well-being and the dignity of many residents of these neighborhoods;
(3)
This menace cannot be effectively dealt with by private enterprise without the aids provided herein; and
(4)
The benefits which would result from eliminating the blighted properties that cause the blight and deterioration of neighborhoods will accrue to the inhabitants of the neighborhoods in which these conditions exist and to the inhabitants of this state generally.
(b)
It is hereby declared that:
(1)
It is the policy of this state to protect and promote the health, safety, and welfare of the people of the state by eliminating the blight and deterioration of neighborhoods through the elimination of blighted and deteriorated properties within these neighborhoods;
(2)
The elimination of such blight and deterioration and the preparation of the properties for sale or lease, for development or redevelopment, constitute a public use and purpose for which public money may be expended and private property acquired, and are governmental functions in the interest of the health, safety, and welfare of the people of Tennessee; and
(3)
The necessity in the public interest for the provisions enacted herein is hereby declared to be a legislative determination.
Acts 1990, ch. 1034, § 1; 1995, ch. 391, § 2.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 21 - SLUM CLEARANCE AND REDEVELOPMENT (§§ 13-21-101 — 13-21-314) › Part 2 - ACQUISITION OF VACANT PROPERTIES (§§ 13-21-201 — 13-21-208) › Section 13-21-202 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
(A)
"Blighted" or "deteriorated" property means any vacant structure or vacant or unimproved lot or parcel, whether residential, commercial or industrial, in a predominantly built-up neighborhood:
(i)
Which because of physical condition or use is regarded as a public nuisance at common law or has been declared a public nuisance in accordance with local housing, building, plumbing, fire or related codes;
(ii)
Which because of physical condition, use or occupancy is considered an attractive nuisance to children, including, but not limited to, abandoned wells, shafts, basements, excavations, and unsafe fences or structures;
(iii)
Which, because it is dilapidated, unsanitary, unsafe, vermin-infested or lacking in the facilities and equipment required by the housing code of the municipality, has been designated by the appropriate agency or department responsible for enforcement of the code as unfit for human habitation;
(iv)
Which is a fire hazard, or is otherwise dangerous to the safety of persons or property;
(v)
From which the utilities, plumbing, heating, sewerage or other facilities have been disconnected, destroyed, removed, or rendered ineffective so that the property is unfit for its intended use;
(vi)
Which by reason of neglect or lack of maintenance has become a place for accumulation of trash and debris, or a haven for rodents or other vermin;
(vii)
Which has been tax delinquent for a period of at least three (3) years; or
(viii)
Which has not been rehabilitated within the time constraints placed upon the owner by the appropriate code enforcement agency;
(B)
"Blighted" or "deteriorated" does not apply to any property used for agricultural purposes;
(2)
"Municipality" means any county, including any county having a metropolitan form of government, or incorporated city or town in this state;
(3)
"Redevelopment" means the planning or replanning, design or redesign, acquisition, clearance, development and disposal, or any combination of these, of a property in the preparation of such property for residential, commercial, industrial, and related uses, as may be appropriate or necessary;
(4)
"Residential, commercial, industrial, and related use" means residential or commercial or industrial property for sale, lease or rental and related uses; such related uses include, but are not limited to, park and recreation areas, neighborhood community service, parking lots or structures, and any use which is consistent with and/or complementary to the existing properties in the area; and
(5)
"Vacant property review commission" means a commission established by ordinance to review vacant properties to make a written determination of blight and deterioration.
Acts 1990, ch. 1034, § 2; 1995, ch. 391, § 3; 1998, ch. 948, §§ 1 - 3.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 21 - SLUM CLEARANCE AND REDEVELOPMENT (§§ 13-21-101 — 13-21-314) › Part 2 - ACQUISITION OF VACANT PROPERTIES (§§ 13-21-201 — 13-21-208) › Section 13-21-203 - Adoption of provisions by ordinance - Vacant property review commission

(a)
If the legislative body of a municipality finds and declares that there exists in the municipality blighted or deteriorated properties and that there is need in the municipality for the exercise of powers, functions and duties conferred by this part, the legislative body may adopt this part by ordinance.
(b)
(1)
The ordinance adopting this part shall also establish a vacant property review commission which shall certify properties as blighted or deteriorated to the legislative body.
(2)
The ordinance shall specify the duties of, the number of members that will serve on, the requirements of membership, and the makeup of, the commission.
(3)
Members shall be appointed by the chief executive officer and approved by the legislative body.
(4)
No officer or employee of the municipality whose duties include enforcement of local housing, building, plumbing, fire or related codes shall be appointed to the commission.
(5)
One (1) or more municipalities may act jointly in establishing a vacant property review commission and in such case, members of such commission shall be appointed jointly by the municipalities or in part by one (1) municipality and in part by the other. The ordinances creating such joint vacant property review commission may provide that the power of eminent domain may be exercised upon certification by the commission to one (1) or more of such municipalities acting singularly or jointly.
Acts 1990, ch. 1034, § 3; 1995, ch. 391, § 4.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 21 - SLUM CLEARANCE AND REDEVELOPMENT (§§ 13-21-101 — 13-21-314) › Part 2 - ACQUISITION OF VACANT PROPERTIES (§§ 13-21-201 — 13-21-208) › Section 13-21-205 - Certification of property as blighted or deteriorated - Notification of owner

(a)
The legislative body shall not institute eminent domain proceedings pursuant to this part unless the commission has certified that the property is blighted or deteriorated. A property which has been referred to the commission by an agency of the municipality as blighted or deteriorated may only be certified to the legislative body as blighted or deteriorated after the commission has determined that:
(1)
The owner of the property or designated agent has been sent an order by the appropriate agency of the municipality to eliminate the conditions which are in violation of local codes or law;
(2)
The property is vacant;
(3)
The property is blighted and deteriorated;
(4)
The commission has notified the property owner or designated agent that the property has been determined to be blighted or deteriorated and the time period for correction of such condition has expired and the property owner or agent has failed to comply with the notice; and
(5)
The planning commission of the municipality has determined that the reuse of the property for residential, commercial, industrial and related use is in keeping with the comprehensive plan.
(b)
The findings required by subsection (a) shall be in writing and included in the report to the legislative body.
(c)
The commission shall notify the owner of the property or a designated agent that a determination of blight or deterioration has been made and that failure to eliminate the conditions causing the blight shall render the property subject to condemnation by the municipality under this part. Notice shall be mailed to the owner or designated agent by certified mail, return receipt requested. However, if the address of the owner or designated agent is unknown and cannot be ascertained by the commission in the exercise of reasonable diligence, copies of the notice shall be posted in a conspicuous place on the property affected. The written notice sent to the owner or the owner's agent shall describe the conditions that render the property blighted and deteriorated, and shall demand abatement of the conditions within ninety (90) days of the receipt of such notice.
(d)
An extension of the ninety-day time period may be granted by the commission if the owner or designated agent demonstrates that such period is insufficient to correct the conditions cited in the notice.
Acts 1990, ch. 1034, § 5; 1995, ch. 391, § 6; 1998, ch. 948, § 5.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 21 - SLUM CLEARANCE AND REDEVELOPMENT (§§ 13-21-101 — 13-21-314) › Part 2 - ACQUISITION OF VACANT PROPERTIES (§§ 13-21-201 — 13-21-208) › Section 13-21-206 - Eminent domain proceedings - Findings required

The legislative body of the municipality may institute eminent domain proceedings pursuant to title 29, chapters 16 and 17, against any property which has been certified as blighted or deteriorated by the commission if it finds that:
(1)
Such property has deteriorated to such an extent as to constitute a serious and growing menace to the public health, safety and welfare;
(2)
Such property is likely to continue to deteriorate unless corrected;
(3)
The continued deterioration of such property may contribute to the blighting or deterioration of the area immediately surrounding the property; and
(4)
The owner of such property has failed to correct the deterioration of the property.
Acts 1990, ch. 1034, § 6.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 21 - SLUM CLEARANCE AND REDEVELOPMENT (§§ 13-21-101 — 13-21-314) › Part 2 - ACQUISITION OF VACANT PROPERTIES (§§ 13-21-201 — 13-21-208) › Section 13-21-207 - Conflicts of interest

(a)
No officer or employee of the municipality, or of the vacant property review commission, who in the course of such officer's or employee's duties is required to participate in the determination of property blight or deterioration or the issuance of notices on code violations which may lead to a determination of blight or deterioration, shall acquire any interest in any property declared to be blighted or deteriorated.
(b)
If any such officer or employee owns or has a financial interest, direct or indirect, in any property certified to be blighted or deteriorated, the officer or employee shall immediately disclose, in writing, such interest to the commission and to the legislative body, and such disclosure shall be entered in the minutes of the commission and of the legislative body.
(c)
Failure to so disclose such interest shall constitute misconduct in office.
(d)
No payment shall be made to any officer or employee for any property or interest therein acquired by the municipality from such officer or employee unless the amount of such payment is fixed by court order in eminent domain proceedings, or unless payment is unanimously approved by the legislative body.
Acts 1990, ch. 1034, § 7.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 21 - SLUM CLEARANCE AND REDEVELOPMENT (§§ 13-21-101 — 13-21-314) › Part 2 - ACQUISITION OF VACANT PROPERTIES (§§ 13-21-201 — 13-21-208) › Section 13-21-208 - Applicability

(a)
This part shall only apply in counties having a population, according to the 1980 federal census or any subsequent federal census, of:
not less than
nor more than
28,500
28,560
28,600
28,660
48,400
48,500
58,075
58,125
67,500
67,600
74,500
74,600
287,700
287,800
319,625
319,725
777,113
777,500
(b)
This part shall also apply in any county having a metropolitan government having a population of more than one hundred thousand (100,000), according to the 1990 federal census or any subsequent federal census.
Acts 1990, ch. 1034, § 10; 1992, ch. 709, § 1; 1993, ch. 48, § 1; 1995, ch. 391, §§ 7, 8; 1997, ch. 247, § 1; 2004, ch. 820, § 1.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 21 - SLUM CLEARANCE AND REDEVELOPMENT (§§ 13-21-101 — 13-21-314) › Part 3 - RESIDENTIAL RENTAL INSPECTIONS (§§ 13-21-301 — 13-21-314) › Section 13-21-302 - Authority to adopt ordinance to inspect deteriorating residential rental dwelling units

(a)
The governing body of a municipality may adopt an ordinance to inspect residential rental dwelling units that are either deteriorated or in the process of deteriorating for compliance with applicable local housing, building, plumbing, electrical, fire, health or related codes and to promote the health, safety and welfare of its citizens in accordance with the following:
(1)
The dwelling units shall be located in a residential rental inspection district established by the local governing body in accordance with this section; and
(2)
The residential rental inspection district shall be based upon a finding by the local governing body that:
(A)
There is a need to protect the public health, safety and welfare of the occupants of dwelling units inside the designated residential rental inspection district;
(B)
The residential rental dwelling units within the designated residential rental inspection district are either deteriorated or in the process of deteriorating; or the residential rental dwelling units are in the need of inspection by the municipality to prevent deterioration, taking into account the number, age and condition of residential dwelling rental units inside the proposed residential rental inspection district; and
(C)
The inspection of residential rental dwelling units inside the proposed residential rental inspection district is necessary to maintain the health, safety and welfare of tenants and other residents living in the proposed residential rental inspection district. Nothing in this section shall be construed to authorize a municipality-wide residential rental inspection district and a local governing body shall limit the boundaries of the proposed residential rental inspection district to the areas of the municipality that meet the criteria set forth in this section.
(b)
For purposes of this part, the local governing body of the municipality may designate any local government department or agency to serve as the public authority to perform all or part of the duties authorized by this part.
Acts 2006, ch. 949, § 1.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 21 - SLUM CLEARANCE AND REDEVELOPMENT (§§ 13-21-101 — 13-21-314) › Part 3 - RESIDENTIAL RENTAL INSPECTIONS (§§ 13-21-301 — 13-21-314) › Section 13-21-303 - Notification of owners and parties in interest of adoption of the residential rental inspection ordinance

Upon adoption by the municipality of a residential rental inspection ordinance relating to residential rental dwelling units that are either deteriorated or in the process of deteriorating, the public authority shall make reasonable efforts to notify owners and parties in interest of residential rental dwelling units in the designated residential rental inspection district regarding the adoption of the residential rental inspection ordinance. The public authority shall provide a summary of the residential rental inspection ordinance to owners and parties in interest of residential rental dwelling units in the designated residential rental inspection district.
Acts 2006, ch. 949, § 1.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 21 - SLUM CLEARANCE AND REDEVELOPMENT (§§ 13-21-101 — 13-21-314) › Part 3 - RESIDENTIAL RENTAL INSPECTIONS (§§ 13-21-301 — 13-21-314) › Section 13-21-304 - Notification by owners and parties in interest that dwelling is used for residential rental purposes - Form - Fees

The residential rental inspection ordinance may include a provision that requires the owners and parties in interest of dwelling units in a residential rental inspection district to notify the public authority in writing if the dwelling unit is used for residential rental purposes. The public authority may develop a form for such purposes. The residential rental inspection ordinance shall not include a registration fee or a fee of any kind associated with the written notification pursuant to this section. A residential rental inspection ordinance shall not require that the written notification from the owner or party in interest of a dwelling unit subject to the residential rental inspection ordinance be provided to the public authority in less than sixty (60) days after the adoption of a residential rental inspection ordinance. However, there shall be no penalty for the failure of an owner or party in interest of a residential rental dwelling unit to comply with this section, unless and until the public authority provides actual or written notice to the property owner or party in interest, as provided in this part. For purposes of this part, notice sent by regular first class mail to the last known address of the owner or party in interest shall be deemed in compliance with this section.
Acts 2006, ch. 949, § 1.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 21 - SLUM CLEARANCE AND REDEVELOPMENT (§§ 13-21-101 — 13-21-314) › Part 3 - RESIDENTIAL RENTAL INSPECTIONS (§§ 13-21-301 — 13-21-314) › Section 13-21-305 - Initial inspections

Upon establishment of a residential rental inspection district in accordance with this part, the public authority may, in conjunction with the written notifications as provided for in this part, proceed to inspect dwelling units that are either deteriorated or in the process of deteriorating located in the designated residential rental inspection district, to determine if the dwelling units are being used as a residential rental property and to determine if the dwelling units are in compliance with applicable housing, building, plumbing, electrical, fire, health or related codes.
Acts 2006, ch. 949, § 1.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 21 - SLUM CLEARANCE AND REDEVELOPMENT (§§ 13-21-101 — 13-21-314) › Part 3 - RESIDENTIAL RENTAL INSPECTIONS (§§ 13-21-301 — 13-21-314) › Section 13-21-306 - Periodic inspections

Except as provided in §
13-21-307
, following the initial inspection of a residential rental dwelling unit found to be deteriorated or in the process of deteriorating, the public authority may inspect periodically any residential rental dwelling unit that is deteriorated or in the process of deteriorating that is not otherwise exempted by this part.
Acts 2006, ch. 949, § 1.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 21 - SLUM CLEARANCE AND REDEVELOPMENT (§§ 13-21-101 — 13-21-314) › Part 3 - RESIDENTIAL RENTAL INSPECTIONS (§§ 13-21-301 — 13-21-314) › Section 13-21-307 - Follow-up inspections for compliance with applicable codes

Following the initial or periodic inspection of a residential rental dwelling unit found to be deteriorated or in the process of deteriorating and that is subject to a residential rental inspection ordinance, the public authority has the authority to require the owner or party in interest of the dwelling unit to submit to such follow-up inspections of the dwelling unit as the public authority deems necessary, until such time as the dwelling unit is brought into compliance with all applicable housing, building, plumbing, electrical, fire, health or related codes.
Acts 2006, ch. 949, § 1.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 21 - SLUM CLEARANCE AND REDEVELOPMENT (§§ 13-21-101 — 13-21-314) › Part 3 - RESIDENTIAL RENTAL INSPECTIONS (§§ 13-21-301 — 13-21-314) › Section 13-21-308 - Exemption for compliance - Revocation of exemption

Following the initial or periodic inspection of a residential rental dwelling unit found to be deteriorated or in the process of deteriorating and that is subject to a residential rental inspection ordinance, and provided that there are no violations of applicable codes and ordinances, or violations are remedied in a timely manner, the public authority shall provide to the owner or party in interest of the residential rental dwelling unit an exemption from the residential rental inspection ordinance for a minimum of four (4) years. For the purposes of this section, timely manner shall be construed to mean less than ninety (90) days after the owner has been given notice of violation. If a residential rental dwelling unit has been issued a certificate of occupancy within the last four (4) years, an exemption shall be granted for a minimum period of four (4) years from the date of the issuance of the certificate of occupancy by the public authority. If the residential rental dwelling unit becomes in violation of local housing, building, plumbing, electrical, fire, health or related codes during the exemption period, the public authority may revoke the exemption granted by this section.
Acts 2006, ch. 949, § 1.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 21 - SLUM CLEARANCE AND REDEVELOPMENT (§§ 13-21-101 — 13-21-314) › Part 3 - RESIDENTIAL RENTAL INSPECTIONS (§§ 13-21-301 — 13-21-314) › Section 13-21-309 - Powers of public officer

The residential rental inspection ordinance adopted by the governing body of the municipality may authorize the public officer to exercise such powers as may be necessary or convenient to carry out and effectuate the purposes and provisions of this part, including the power to:
(1)
Investigate conditions in the municipality, in order to determine which residential rental dwelling units in the municipality are deteriorated or in the process of deteriorating;
(2)
Administer oaths, affirmations, examine witnesses, issue subpoenas and receive evidence;
(3)
Enter upon the premises for the purpose of making examinations and inspections; provided, that the public officer may enter inside the dwelling unit only with the consent of a person in possession, with a validly issued search warrant, or in the event of an emergency presenting an immediate threat to the health, safety, and welfare of a person in possession. Entry shall comply in all respects with the fourth amendment to 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 a person in possession;
(4)
Appoint and fix the duties of any officers, agents and employees that the public officer deems necessary to carry out the purposes of the residential rental inspection ordinance; and
(5)
Delegate any of the public officer's functions and powers under the residential rental inspection ordinance to any officers and agents as the public officer may designate.
Acts 2006, ch. 949, § 1.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 21 - SLUM CLEARANCE AND REDEVELOPMENT (§§ 13-21-101 — 13-21-314) › Part 3 - RESIDENTIAL RENTAL INSPECTIONS (§§ 13-21-301 — 13-21-314) › Section 13-21-310 - Fee schedule for administration of inspection ordinance - Exemptions

A local governing body may not establish a fee schedule to administer the residential rental inspection ordinance, which includes a per dwelling unit fee for the initial inspections, follow-up inspections, and periodic inspections of dwelling units that are deteriorated or in the process of deteriorating as authorized by this part. In addition, no fee shall be charged to an owner or party in interest for an inspection of a dwelling unit subject to the residential rental inspection ordinance who has submitted a written notification to the public authority as to the identity of such unit owner or party in interest as provided in §
13-21-304
, nor shall a fee be charged for a subsequent inspection of a residential dwelling unit that has received an exemption from the residential inspection ordinance for a minimum of four (4) years pursuant to §
13-21-308
.
Acts 2006, ch. 949, § 1.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 21 - SLUM CLEARANCE AND REDEVELOPMENT (§§ 13-21-101 — 13-21-314) › Part 3 - RESIDENTIAL RENTAL INSPECTIONS (§§ 13-21-301 — 13-21-314) › Section 13-21-311 - Rights and obligations under Uniform Residential Landlord and Tenant Act preserved

This part shall not alter the rights and obligations of landlords and tenants as set forth by the Uniform Residential Landlord and Tenant Act, compiled in title 66, chapter 28.
Acts 2006, ch. 949, § 1.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 21 - SLUM CLEARANCE AND REDEVELOPMENT (§§ 13-21-101 — 13-21-314) › Part 3 - RESIDENTIAL RENTAL INSPECTIONS (§§ 13-21-301 — 13-21-314) › Section 13-21-312 - Construction of part

Nothing in this part shall be construed to abrogate or impair the powers of the courts or of any department of any municipality to enforce any provisions of its charter or its ordinances or regulations, nor to prevent or punish violations thereof, and the powers conferred by this part shall be in addition and supplemental to the powers conferred by any other law.
Acts 2006, ch. 949, § 1.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 21 - SLUM CLEARANCE AND REDEVELOPMENT (§§ 13-21-101 — 13-21-314) › Part 3 - RESIDENTIAL RENTAL INSPECTIONS (§§ 13-21-301 — 13-21-314) › Section 13-21-313 - Penalties for failure to comply with the notice or inspection requirements

The residential rental inspection ordinance adopted by the governing body of the municipality may authorize penalties for the willful failure or refusal of an owner or party in interest to comply with the notice or inspection requirements authorized by this part.
Acts 2006, ch. 949, § 1.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 21 - SLUM CLEARANCE AND REDEVELOPMENT (§§ 13-21-101 — 13-21-314) › Part 3 - RESIDENTIAL RENTAL INSPECTIONS (§§ 13-21-301 — 13-21-314) › Section 13-21-314 - Application of part

This part 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. In addition, this part shall apply in any city having a population of not less than twenty seven thousand three hundred eighty (27,380) nor more than twenty seven thousand three hundred ninety (27,390), according to the 2000 federal census or any subsequent federal census. This part shall also apply in any city having a population of not less than twenty thousand nine hundred seventy (20,970) nor more than twenty thousand nine hundred eighty (20,980), according to the 2010 federal census or any subsequent federal census. In addition, this part applies in any city having a population of not less than fifteen thousand nine hundred (15,900) nor more than sixteen thousand (16,000), according to the 2010 federal census or any subsequent federal census, lying partly within a county with a metropolitan form of government and partly within an adjacent county.
Amended by 2018 Tenn. Acts, ch. 627,s 1, eff. 7/1/2018.
Amended by 2017 Tenn. Acts, ch. 168,s 1, eff. 4/24/2017.
Acts 2006, ch. 949, § 1.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 22 - HOUSING REHABILITATION (§§ 13-22-101 — 13-22-116) › Section 13-22-102 - Qualification of housing for mortgage insurance

(a)
The agency may approve a housing accommodation for mortgage insurance, with such terms and conditions as the agency may prescribe; provided, that, as of the date of issuance of the insurance, the housing accommodation securing the mortgage:
(1)
Is occupied or used, or is intended to be occupied or used, by the mortgagor as the mortgagor's residence;
(2)
Contains, or upon completion of any rehabilitation will contain, no substantial violation of any applicable building or housing code, fire ordinance, or health regulation, and is not, or will not be, considered substandard or in a deteriorating or dilapidated condition; and
(3)
Has a remaining useful life, or will have upon completion of any rehabilitation, of no less than one hundred twenty percent (120%) of the terms of the mortgage loan.
(b)
The agency may approve any housing accommodation for a commitment for mortgage insurance, upon such terms and conditions as the agency may prescribe; provided, that, prior to the issuance of the commitment, there has been submitted to the agency a plan, satisfactory to the agency, to render the housing accommodation in conformance with the requirements of subsection (a). A commitment to insure a mortgage loan for a housing accommodation may include provisions, as established by the agency in accordance with its rules and regulations, for the insuring of work progress payments or draws, paid out for the cost of rehabilitation as the work progresses, protecting the interests of the mortgagor and mortgagee.
(c)
The agency may approve a housing accommodation for mortgage insurance which does not presently require improvement, repair, or rehabilitation; provided, that it is located in a code enforcement area, older urban neighborhood, an area of historic or community importance, a rural community, or an area specifically designated by the agency as a reinvestment area.
Acts 1973, ch. 313, § 2; 1975, ch. 339, § 2; 1977, ch. 360, § 2; T.C.A., § 13-2202; Acts 1988, ch. 901, § 4.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 22 - HOUSING REHABILITATION (§§ 13-22-101 — 13-22-116) › Section 13-22-103 - Continuation of agency - Termination - Payment of claims

(a)
The agency shall continue until terminated by law; provided, that no such law shall take effect so long as the agency has commitments to insure mortgages, contracts of mortgage insurance, or other obligations outstanding, unless adequate provision has been made for the administration thereof, including the payment of claims.
(b)
Should the agency be unable to pay, for a period of one hundred twenty (120) days, a claim arising under a contract of mortgage insurance, the state shall make adequate provision for the payment of such claims.
(c)
Upon termination of the existence of the agency, all rights and properties shall pass to and be vested in the state.
Acts 1973, ch. 313, §§ 3-5; modified; 1974, ch. 579, § 2; 1975, ch. 339, § 3; 1976, ch. 797, § 2; 1976, ch. 806, § 1(56); 1977, ch. 360, § 3; T.C.A., §§13-2203, 13-2204, 13-2205; Acts 1988, ch. 901, §§ 4, 5; 1988, ch. 1013, § 10.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 22 - HOUSING REHABILITATION (§§ 13-22-101 — 13-22-116) › Section 13-22-106 - Assistance by state

(a)
The state is authorized to make or contract to make payments or loans of money to the agency for the purpose of enabling it to carry out its corporate purposes, and for the exercise of its powers. Any such payment or loan, upon receipt by the agency, shall constitute revenue of the agency, and, in the case of moneys transferred for deposit in the agency's mortgage insurance fund, shall be so deposited forthwith.
(b)
The state is authorized to make or contract to make capital or periodic subsidies to the agency. Any contract for periodic subsidies may provide for payments to be made thereunder to the date of the latest final maturity of any mortgage to be insured by the agency during a stated period, which may not exceed fifty (50) years from the date of the contract. Any such contract shall contain such other terms and conditions as the state, acting by the commissioner of finance and administration, and the agency may agree upon in furtherance of the public purposes set forth in this chapter. Any such capital or periodic subsidies shall, upon receipt by the agency, constitute revenue of the agency, and in the case of moneys transferred for deposit in the agency's mortgage insurance fund, shall be so deposited forthwith.
Acts 1974, ch. 579, § 4; T.C.A., § 13-2206; Acts 1988, ch. 901, § 4.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 22 - HOUSING REHABILITATION (§§ 13-22-101 — 13-22-116) › Section 13-22-107 - Tax exemption

The property of the agency and its income and operations shall be exempt from taxation.
Acts 1973, ch. 313, § 7; T.C.A., § 13-2207; Acts 1988, ch. 901, § 4.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 22 - HOUSING REHABILITATION (§§ 13-22-101 — 13-22-116) › Section 13-22-108 - Reports - Examinations

(a)
Each state officer and department shall render assistance and services as may be requested by the agency in aid of its functions.
(b)
The agency shall file with the commissioner of finance and administration, the governor, and the general assembly within one hundred twenty (120) days after the end of its fiscal year, a report of its operations, receipts and expenditures during the year, its assets and liabilities, including a schedule of outstanding insurance, as of the end of such year, and such additional information as the commissioner shall request. This report shall be open to public inspection.
(c)
The comptroller of the treasury may from time to time, and shall at least once every two (2) years, examine the books and accounts of the agency. Subject to agreements with policyholders or mortgage holders, such funds as are available to the agency for the payment of administrative expenses shall be deposited in the state treasury to ensure that the administrative operation of the agency is conducted in a manner consistent with state agencies. Nothing in this chapter shall be construed as requiring the agency to act contrary to requirements for mortgage insurers established by the Federal National Mortgage Association or by the Federal Home Loan Mortgage Corporation, or as affecting the reserve funds of the agency.
(d)
All moneys of the agency, except as otherwise authorized or provided in this chapter, shall be deposited as soon as practicable in a separate account or accounts in banks, trust companies or savings and loan associations organized under the laws of the state or the United States and doing business in the state. The moneys in such accounts shall be paid out on checks signed by such officer or employee of the agency as the agency shall authorize. All accounts shall be insured by an agency of the United States government and moneys of the agency shall be deposited in such accounts only to the extent of deposit insurance for public funds.
(e)
The state treasurer, who shall serve as treasurer of the agency, shall invest any funds not required for immediate use or disbursement, including any funds held in reserve, according to the procedures and requirements set forth in law.
(f)
Subject to agreements with policyholders or mortgage holders, the annual budget of the agency shall be prepared in accordance with title 9, chapter 4.
Acts 1973, ch. 313, § 8; 1974, ch. 579, § 5; 1975, ch. 339, § 6; 1976, ch. 797, § 1; T.C.A., § 13-2208; Acts 1988, ch. 901, § 4.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 22 - HOUSING REHABILITATION (§§ 13-22-101 — 13-22-116) › Section 13-22-109 - Requirements for commitment - Amount - Liability of personnel

(a)
The agency is authorized, subject to this chapter, to make commitments to insure mortgage loans and to contract to insure mortgage loans eligible for insurance hereunder, upon such terms and conditions as the agency may prescribe, provided:
(1)
Application for mortgage insurance or for a commitment for mortgage insurance has been submitted to the agency by an approved mortgagee holding or proposing to hold, an insurable mortgage on the housing accommodation;
(2)
The mortgage will have a remaining term of not more than forty (40) years from the date of the issuance of the insurance;
(3)
The mortgage bears interest, exclusive of premium charges fixed by the agency, at a rate not in excess of the legal rate for such mortgages in this state and agreed upon by the mortgagor, the mortgagee, and the agency;
(4)
The mortgage contains amortization provisions satisfactory to the agency, requiring periodic payments by the mortgagor not in excess of the mortgagor's reasonable ability to pay as determined by the agency;
(5)
The mortgage is in such form and contains such terms and provisions with respect to maturity, hazard and title insurance, repairs, alterations, maintenance, payment of taxes and assessments, default remedies, anticipation of maturity, additional and secondary liens, waiver of equitable and legal redemption rights and other matters as the agency may prescribe; and
(6)
That such mortgage insurance is necessary to enable the mortgagor to obtain the mortgage loan upon reasonable and affordable terms and conditions.
(b)
Mortgage loans insured under this chapter may be for any amount up to and including one hundred percent (100%) of the cost of rehabilitation of the housing accommodation, subject to such rules and regulations as the agency may establish. If the agency, pursuant to the terms of a contract of mortgage insurance, makes any payment upon a defaulted mortgage loan to the mortgagee thereof, the agency shall be subrogated to the rights of the mortgagee.
(c)
The directors, officers and employees of the agency shall not be subject to any personal liabilities due to any obligation or debt created or incurred by the agency.
(d)
This section shall not apply to graduated payment mortgage loans insured pursuant to §
13-22-115
.
Acts 1973, ch. 313, § 9; 1975, ch. 339, § 7; T.C.A., § 13-2209; Acts 1980, ch. 790, § 3; 1988, ch. 901, § 4.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 22 - HOUSING REHABILITATION (§§ 13-22-101 — 13-22-116) › Section 13-22-110 - Maximum aggregate amount

The agency shall not issue a commitment to insure or a contract of mortgage insurance, at any time, if upon issuance thereof the sum of the insured amounts under the agency's outstanding mortgage insurance contracts and the amounts to be insured under the agency's outstanding commitments to insure mortgages will exceed twenty (20) times the moneys held in or credited to the mortgage insurance fund pursuant to §
13-22-105(a)
.
Acts 1973, ch. 313, § 10; 1975, ch. 339, § 8; T.C.A., § 13-2210; Acts 1988, ch. 901, § 4.