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Smyrna, TN Property Maintenance: Vacant Lot Maintenance (2026)

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

Key Facts

Notice period
Ten days, or 20 days for carriers and utilities
Notice method
Registered or certified United States mail to owner of record
Hearing
Before the Town Manager or designee; waived if not requested in time
Lien
Attaches on filing with the Rutherford County register of deeds
Owner-occupied threshold
Lien waits until cumulative charges equal or exceed $500
Collection
Added to property tax bills, same penalty and interest
Authority cited
T.C.A. § 6-54-113

Summary

Section 13-104 of the Smyrna Municipal Code lets the Town of Smyrna, Tennessee clean an overgrown or dirty lot at the owner's expense after a ten-day notice, and place a lien on the property. For an owner-occupied residence, the lien waits until cumulative charges reach $500.

(1)Prohibition. Pursuant to the authority granted to municipalities under T.C.A. § 6-54-113, it shall be unlawful for any owner of record of real property to create, maintain, or permit to be maintained on such property the growth of trees, vines, grass, underbrush, and/or the accumulations of debris, trash, litter, or garbage or any combination of the preceding elements so as to endanger the health, safety, or welfare of other citizens or to encourage the infestation of rats and other harmful animals.(2)Limitation on application. The provisions of division (5) below shall not apply to any parcel of property upon which an owner-occupied residence is located. The provisions of division (6) below shall apply to any parcel of property upon which an owner-occupied residence is located. ... The provisions in division (5) above shall apply to the collection of costs against the owner of an owner-occupied residential property except that the municipality must wait until cumulative charges for remediation equal or exceed $500 before filing the notice with the register of deeds and the charges becoming a lien on the property.

Full Breakdown

Section 13-104, Overgrown and Dirty Lots, applies to any real property in the Town of Smyrna, Tennessee, vacant or built. Acting under T.C.A. § 6-54-113, the section makes it unlawful for an owner of record to create, maintain, or permit growth of trees, vines, grass, and underbrush, or accumulations of debris, trash, litter, or garbage, that endanger the health, safety, or welfare of other citizens or encourage the infestation of rats and other harmful animals. The Town Manager designates the department or person that enforces the section.

The process starts with a notice in plain language to the owner of record, sent by registered or certified United States mail to the last known address. The owner has ten days to remedy the condition, or 20 days if the owner is a carrier engaged in the transportation of property or a utility transmitting communications, electricity, gas, liquids, steam, sewage, or other materials, excluding Saturdays, Sundays, and legal holidays. The notice must state that the owner is entitled to a hearing, cite Section 13-104 and T.C.A. § 6-54-113, warn that the property can be cleaned up at the owner's expense with a lien to secure the cost, name the person, office, address, and telephone number giving the notice, include a cost estimate, and identify where to return a copy of the notice to request a hearing before the Town Manager or a designee.

If the owner fails to remedy the condition within the notice period, the enforcing department shall immediately cause it to be remedied or removed, and the cost is assessed against the owner. Failure to request a hearing within the notice period is a waiver of the hearing, without exception. When the notice is filed with the register of deeds in Rutherford County, the costs become a lien in favor of the municipality, second only to liens of the state, county, and municipality for taxes, any municipal lien for special assessments, and valid recorded or perfected liens filed before that notice. The costs go on the tax rolls, are added to property tax bills, and collect at the same time and in the same manner as property taxes, with the same penalty and interest if delinquent.

Owner-occupied homes are treated differently under divisions (2) and (6). The lien route is the same except that the town must wait until cumulative remediation charges equal or exceed $500 before filing the notice and creating the lien. Judicial review is open to any aggrieved person, and the notice time periods are stayed while review is pending.

Violations & Fines

Section 13-104 has no fine of its own. The remedy is cleanup at the owner's expense, assessed against the owner, collected as delinquent property taxes with the same penalty and interest, and secured by a lien. In addition or in the alternative, the codes enforcement and inspection division can cite the owner or tenant to municipal court. Section 13-110 sets the general penalty, with each day a separate violation.

Frequently Asked Questions

Does Smyrna's overgrown lot rule apply to vacant land?
Yes. Section 13-104 applies to any owner of record of real property who permits growth of trees, vines, grass, underbrush, or accumulations of debris, trash, litter, or garbage that endanger health, safety, or welfare or encourage infestation of rats and other harmful animals. It does not depend on a building being present.
How much time does an owner get after the town's notice?
Ten days after receiving the notice, or 20 days if the owner is a carrier engaged in the transportation of property or a utility transmitting communications, electricity, gas, liquids, steam, sewage, or other materials. Saturdays, Sundays, and legal holidays are excluded from the count.
How does an owner request a hearing?
The notice must include a place where the owner returns a copy indicating the desire for a hearing before the Town Manager or a designee. The request must come within the notice period. Section 13-104(5)(b) says failure to request a hearing in that period is a waiver of the right to a hearing, without exception.
How does the lien work on an owner-occupied home?
Section 13-104(6) applies the same collection steps, except the town must wait until cumulative charges for remediation equal or exceed $500 before filing the notice with the register of deeds. Once filed, the charges become a lien and are collected as provided for other property.
Can the town also take an owner to court?
Yes. In addition to or as an alternative to cleanup and a lien, the codes enforcement and inspection division can cite the property owner or tenant to municipal court for violating the ordinance provisions. Section 13-104(7) also gives any aggrieved person judicial review, and the time periods are stayed while it is pending.

Sources & Official References

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