Tennessee Code Annotated
Tenn. Code Ann. § 13-21-102 (2024)
Structures unfit for human occupation or use - Power of municipalities to demolish - Program to remedy the unsafe conditions caused by the unfinished structure and the suspended construction
✓ Justia copy: laws through about 2024 (2025 and 2026 sessions missing)
- (a) Whenever any municipality of this state finds that there exists in such municipality structures which are unfit for human occupation or use due to dilapidation, defects increasing the hazards of fire, accident or other calamities, lack of ventilation, light or sanitary facilities, or due to other conditions rendering such structures unsafe or unsanitary, or dangerous or detrimental to the health, safety or morals, or otherwise inimical to the welfare of the residents of such municipality, power is hereby conferred upon such municipality to exercise its police powers to repair, close or demolish the aforementioned structure in the manner herein provided.
- (b)
- (1) As used in this subsection (b):
- (A) "Abandoned construction" means that construction of an unfinished structure has ceased and that no good faith effort has been made to complete the construction for a period of one hundred eighty (180) days; and
- (B) "Suspended construction" means that construction of an unfinished structure has ceased and that no good faith effort has been made to complete the construction for a period of sixty (60) days.
- (2) This subsection (b) applies to any municipality located in any county having a population of not less than one hundred twenty-six thousand six hundred (126,600) nor more than one hundred twenty-six thousand seven hundred (126,700) or located in any county having a population of not less than one hundred thirty thousand four hundred (130,400) nor more than one hundred thirty thousand five hundred (130,500), according to the 2000 federal census or any subsequent federal census:
- (A) When any municipality to which this subsection (b) applies finds that there are structures in the municipality unfit for human occupation or use because of suspended construction, the municipality may use the procedures in this part to remedy the unsafe conditions caused by the unfinished structure and the suspended construction. All the applicable procedures set out in § 13-21-103 apply, but upon the public officer's finding that construction has been suspended and that the unfinished structure and the suspended construction create conditions that are dangerous or injurious to the health or safety of neighboring residents or the general public or the safety of neighboring structures, the public officer is limited to ordering that construction resume or that the owner make the unfinished structure safe by boarding up the structure, removing construction debris and other safety hazards from the construction area, and otherwise removing or neutralizing health or safety hazards. If the owner fails to take the actions within ten (10) days after being ordered to do so, the municipality may cause the unfinished structure to be boarded up and the debris and other health and safety hazards removed or neutralized. The costs of doing so shall be assessed against the owner and may be collected as provided in § 13-21-103(6).
- (B) When the municipality finds that there are structures in the municipality unfit for human occupation or use because of abandoned construction, the municipality may use all the procedures, remedies and rights in this part to deal with the unfinished structure and the abandoned construction. When an unfinished structure meets both the definition of suspended construction and abandoned construction, it may be dealt with as abandoned construction.
- (C) An ordinance adopted by a municipality pursuant to this subsection (b) shall provide that the public officer may determine that a structure is unfit for human occupation or use if the public officer finds that conditions exist in the structure that are dangerous or injurious to the health, safety or morals of the occupants of the structure, the occupants of neighboring structures or other residents of the municipality or to the safety of neighboring structures. These conditions may include, but are not limited to:
- (i) Defects increasing the hazards of fire, accident or other calamities;
- (ii) Lack of ventilation, light or sanitary facilities;
- (iii) Dilapidation;
- (iv) Disrepair;
- (v) Structural defects;
- (vi) Uncleanliness; or
- (vii) Suspended construction or abandoned construction.
- (1) As used in this subsection (b):
Acts 1939, ch. 152, § 1; C. Supp. 1950, § 3647.31 (Williams, § 3647.42); T.C.A. (orig. ed.), § 13-1202; Acts 1985, ch. 286, § 5; 2009, ch. 114, § 1; 2012, ch. 663, § 1.
Notes of Decisions
Cited in 7
cases, 1996–2019 · leading case: Hoover v. Metro. Bd. of Hous. Appeals, 936 S.W.2d 950 (Tenn. Ct. App. 1996).
Hoover v. Metro. Bd. of Hous. Appeals, 936 S.W.2d 950 (Tenn. Ct. App. 1996). “300-330; T.C.A. § 13-21-102. Accordingly, the Court has determined that the decision of the Board is supported by material evidence and is within its jurisdiction.”
PMFS H-view I, LLC v. Metro. Gov't of Nashville & Davidson Cnty., No. M2018-01806-COA-R3-CV (Tenn. Ct. App. Sept. 26, 2019). “Tenn. Code Ann. §13-21-102 (a). It authorizes municipalities to adopt ordinances relating to the structures within the municipality that are unfit for human occupation or use.”
City of Jackson v. Barry Walker, No. W2015-00621-COA-R3-CV (Tenn. Ct. App. Feb. 2, 2016). “Tenn. Code Ann. § 13-21-102 (a). It authorizes municipalities to adopt ordinances relating to the structures within the municipality that are unfit for human occupation or use.”
Joseph J. Levitt, Jr. v. City of Oak Ridge, No. E2011-02732-COA-R3-CV, 2012 WL 5328248 (Tenn. Ct. App. Oct. 30, 2012). “BACKGROUND Tennessee Code Annotated section 13-21-102 permits a city “to exercise its police powers to repair, close or demolish” structures deemed “unfit for human occupation or use.”
Metro. Gov't of Nashville v. James E. Brown, No. M2008-02495-COA-R3-CV (Tenn. Ct. App. Sept. 24, 2009). “Tenn. Code Ann. § 13-21-102 (a). 7 The Browns’ attorney withdrew in July 2008, and the Browns have proceeded pro se thereafter.”
Jonathan Ford v. Steve Corbin, No. W2006-02616-COA-R9-CV (Tenn. Ct. App. Dec. 12, 2007). “T.C.A. § 13-21-102 (1999). In order to do so, the municipality must first adopt ordinances finding that slum conditions exist within the municipality, and designating a “public officer” to exercise the powers granted.”
Robert P. Hoover & wife v. Metro. Bd. of Hous. Appeals of the Metro. Gov't of Nashville & Davidson Cnty., No. 01A01-9602-CH-00085 (Tenn. Ct. App. Aug. 2, 1996). “300-330; T.C.A. § 13-21-102. Accordingly, the Court has determined that the decision of the Board is supported by material evidence and is within its jurisdiction.”
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