Smyrna, TN Property Maintenance: Property Blight (2026)
Key Facts
- Public officer
- The Town's building official (§ 13-203)
- Who can petition
- A public authority or at least five town residents
- Hearing window
- Not less than ten nor more than 30 days after service
- Repair cap
- Repair ordered if cost does not exceed 50% of reasonable value
- Court challenge
- Bill in Chancery Court within 60 days of posting and service
- Penalty
- General penalty provision; each day a separate offense
Summary
In the Town of Smyrna, Tennessee, it is unlawful for an owner of record to create, maintain, or permit a structure that is unfit for human occupation because of dilapidation, fire hazards, or missing light, ventilation, or sanitary facilities. The building official acts as the public officer and can order repair, closure, or demolition, with the Town's costs becoming a lien on the property.
(1)It shall be unlawful for any owner of record to create, maintain or permit to be maintained in the town structures which are unfit for human occupation 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 dwellings unsafe or unsanitary, or dangerous or detrimental to the health, safety and morals, or otherwise inimical to the welfare of the residents of the town.(2)Violations of this section shall subject the offender to a penalty under the general penalty provision of this code. Each day a violation is allowed to continue shall constitute a separate offense.
Full Breakdown
Title 13, Chapter 2 of the Smyrna Municipal Code sets up the Town's slum clearance process under T.C.A. §§ 13-21-101 et seq., and § 13-203 designates the building official of the Town as the public officer. A proceeding starts when a public authority or at least five residents of the town file a petition charging that a structure is unfit, or when the public officer acts on his or her own motion after a preliminary investigation finds a basis for the charges.
The public officer then serves the owner and parties in interest with a complaint. The hearing is held not less than ten days nor more than 30 days after service, and the owner has the right to file an answer, appear in person, and give testimony. Under § 13-209 the conditions that support a finding of unfitness include defects increasing the hazards of fire or accident, lack of adequate ventilation, light, or sanitary facilities, dilapidation, disrepair, structural defects, and uncleanliness. The word structure covers a dwelling, a place of public accommodation, or a vacant building suitable for either use.
After the hearing the public officer must state findings of fact in writing. If repair can be made at a reasonable cost, not exceeding 50% of the reasonable value of the structure, the order requires the owner to repair, alter, or improve it, or to vacate and close it. If repair cannot be made within that limit, the order requires the owner to remove or demolish it. When an owner ignores the order, § 13-206 lets the public officer make the repairs or close the building and post a placard on the main entrance, and § 13-207 allows the public officer to have the structure removed and demolished.
Section 13-208 assesses the cost of the work, plus reasonable fees for registration, inspections, and professional evaluations, against the owner. The amount becomes a lien on the property, second only to liens of the state, county, and municipality for taxes, and it is collected at the same time and in the same manner as property taxes. If the public officer demolishes a structure, the salvaged materials are sold, the proceeds are credited against the cost, and any balance is deposited in the Chancery Court of Rutherford County.
Violations & Fines
A violation of § 13-214 is punished under the general penalty provision of the Smyrna Municipal Code, and each day a violation is allowed to continue is a separate offense. Separately, the public officer's order can be carried out at the owner's expense. Repair, closing, or demolition costs, together with inspection and evaluation fees, become a lien collected like property taxes, and the Town can also sue the owner in any court of competent jurisdiction for the debt.
Frequently Asked Questions
Who decides whether a building in Smyrna is unfit?
Can neighbors start the process?
How does an owner challenge an order?
How is the owner notified of a complaint or order?
Sources & Official References
Other rules in Smyrna
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