2010 Tennessee Code
Title 13 - Public Planning And Housing
Chapter 6 - Neighborhood Preservation
13-6-102 - Chapter definitions.

13-6-102. Chapter definitions.

As used in this chapter, unless the context otherwise requires:

     (1)  “Abate” or “abatement” in connection with any building means the removal or correction of any conditions that constitute a public nuisance and the making of any other improvements that are needed to effect a rehabilitation of the building that is consistent with maintaining safe and habitable conditions over its remaining useful life;

     (2)  “Building” means any building or structure that is not occupied by any owner, tenants or residents;

     (3)  “Dwelling unit” means a structure or the part of a structure that is used as a home, residence, or sleeping place by one (1) person who maintains a household or by two (2) or more persons who maintain a common household;

     (4)  “Interested party” means any owner, mortgagee, lien holder or person that possesses an interest of record in any property that becomes subject to the jurisdiction of a court pursuant to this chapter;

     (5)  “Municipal corporation” means any incorporated city, town or county in this state, including any county having a metropolitan form of government, and as further defined by the population restrictions set forth § 13-6-105;

     (6)  “Nonprofit corporation” means any nonprofit corporation that has been duly organized under the laws of this state, and has as one (1) of its goals community development or redevelopment;

     (7)  “Owner” means one (1) or more persons, jointly or severally, in whom is vested:

          (A)  All or part of the legal title to property; or

          (B)  All or part of the beneficial ownership and a right to the present use and enjoyment of the premises;

     (8)  “Public nuisance” means any vacant building that is a menace to the public health, welfare, or safety; structurally unsafe, unsanitary, or not provided with adequate safe egress; that constitutes a fire hazard, dangerous to human life, or no longer fit and habitable; a nuisance as defined in § 29-3-101(a); or is otherwise determined by the court, the local municipal corporation or code enforcement entity to be as such;

     (9)  (A)  “Receiver” means either a municipal corporation that agrees to be appointed by the court for the purpose of preserving or improving the property of another, or a nonprofit corporation that has been certified as such by the municipal corporation or code enforcement entity where the building is located. The certification of a nonprofit corporation shall be issued upon receipt of the following:

                (i)  An external verification of nonprofit status;

                (ii)  The nonprofit corporation's articles of incorporation or bylaws evidencing community development or redevelopment is a part of the mission;

                (iii)  Evidence of financial capacity to carry out a community development or redevelopment project, including audited financial statements of the organization for the past five (5) years, where applicable;

                (iv)  The organization's formal conflict of interest policy governing both the staff and the board of directors; and

                (v)  Evidence of the administrative capacity to successfully undertake a community development or redevelopment project.

          (B)  A receiver appointed pursuant to this subdivision (9) is not personally liable except for misfeasance, malfeasance, or nonfeasance in the performance of the functions of the office;

     (10)  “Residential property” means a dwelling unit which is owner-occupied and is the owner's principal place of residence; and

     (11)  “Residential rental property” means a building or structure consisting of one (1) or two (2) dwelling units.

[Acts 2004, ch. 843, § 2; 2007, ch. 452, § 1; 2009, ch. 424, § 1.]