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Southaven, MS Property Maintenance: Property Blight (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Who decides
Fire marshal, city planner, city engineer, chief building official
Hearing window
Not less than 10 nor more than 30 days after service
Cost recovery
Lien plus penalty up to twenty percent of actual costs
Tax sale trigger
Special tax unpaid six months after assessment is final
Maximum fine
$1,000 or up to ninety days in jail, or both
Court challenge
Circuit court injunction, hearing within twenty days

Summary

In the City of Southaven, Mississippi, Sec. 4-183 lets the public officers declare a building unfit for human habitation when it is dangerous or injurious to health, safety or morals. After notice and a hearing they can order repair, vacating or demolition, and the cost plus a penalty of up to twenty percent becomes a lien collected as a special tax.

The public officers may determine that a building is unfit for human habitation, use or occupation, if they find that conditions exist in such buildings which are dangerous or injurious to the health, safety or morals of the persons using such buildings for human habitation, use or occupation, or to the public. Such conditions may include the following, without limiting the generality of the foregoing: Defects therein increasing the hazards of fire, accident, or other calamities; lack of adequate ventilation, light or sanitary facilities; dilapidation; disrepair; structural defects; and uncleanliness.

Full Breakdown

Chapter 4 of the Buildings title, Slum Clearance, is the City of Southaven's tool for buildings beyond ordinary maintenance. Sec. 4-183 defines the standard: the public officers can find a building unfit for human habitation, use or occupation when conditions are dangerous or injurious to the health, safety or morals of its users or the public. The listed conditions include defects increasing the hazards of fire, accident or other calamities, lack of adequate ventilation, light or sanitary facilities, dilapidation, disrepair, structural defects and uncleanliness, without limiting the list.

Sec. 4-182 sets the process under Mississippi's slum clearance statute. The public officers are the city fire marshal, the city planner, the city engineer, the chief building official and anyone else the mayor and Board of Aldermen appoint. A petition from a public authority or at least five residents, or their own motion, starts an investigation. The owner and parties in interest get a complaint and a hearing not less than ten days nor more than thirty days after service, with the right to answer and testify. If the building is found unfit, a written order requires repair, alteration or improvement or, at the owner's option, vacating and closing. A closed building gets a placard reading that use or occupation by humans is prohibited and unlawful. A dangerous building can be ordered repaired or, at the owner's option, removed or demolished. If the owner does not comply, the officers can do the work or demolish it when repair cannot be made at a reasonable cost in relation to value.

The cost, plus a penalty not to exceed twenty percent of actual costs, becomes a lien on the real estate, collected as a special tax. The owner gets ten days' written notice of the objections hearing. If the tax is unpaid six months after the assessment becomes final, the tax collector advertises and sells the property. Sec. 4-184 governs service by personal delivery, registered mail, publication for two successive weeks, posting and lis pendens filing. Under Sec. 4-185 an affected person can seek a circuit court injunction, with a hearing within twenty days. Sec. 4-67 runs alongside as the blight checklist for structures that are neglected but not unsafe.

Violations & Fines

Sec. 4-189 makes a knowing and willful violation of the chapter a misdemeanor, punishable by a fine not exceeding $1,000 or imprisonment not exceeding ninety days, or both, and each day is a separate offense. Anyone who rents, leases or occupies a building closed as unfit is liable for the fine the city prescribes. Unpaid abatement costs become a lien and can end in a tax sale.

Frequently Asked Questions

What makes a building unfit for habitation in the City of Southaven?
Sec. 4-183 lists conditions dangerous or injurious to health, safety or morals, including defects increasing fire or accident hazards, lack of adequate ventilation, light or sanitary facilities, dilapidation, disrepair, structural defects and uncleanliness. The list is not limiting, so other unsafe conditions can also support a finding.
Who can start an unsafe building case?
Under Sec. 4-182(2), a petition from a public authority or from at least five residents starts the process, or the public officers can act on their own motion when a preliminary investigation shows a basis. The officers are the fire marshal, city planner, city engineer, chief building official and any other person appointed by the Board of Aldermen.
How much notice does an owner get before a hearing?
The complaint must set a hearing not less than ten days nor more than thirty days after it is served. The owner and parties in interest can file an answer and appear and testify. Service is personal or by registered mail, or by publication and posting when the whereabouts of the owner are unknown (Sec. 4-184).
Can the city bill me for demolition?
Yes. If the owner ignores the order, the public officers can repair or remove the building. Under Sec. 4-182(5) the cost plus a penalty not exceeding twenty percent of actual costs becomes a lien on the real estate, assessed and collected as a special tax, with a hearing on objections after ten days' written notice.

Sources & Official References

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