The residential rental inspection ordinance adopted by the governing body of the municipality may authorize the public officer to exercise such powers as may be necessary or convenient to carry out and effectuate the purposes and provisions of this part, including the power to:

(1) Investigate conditions in the municipality, in order to determine which residential rental dwelling units in the municipality are deteriorated or in the process of deteriorating;

Terms Used In Tennessee Code 13-21-309

  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Deteriorated: means any structure or vacant or unimproved lot or parcel in a predominantly built-up neighborhood:
    (A) That, because of physical condition or use, is regarded as a public nuisance at common law or has been declared a public nuisance in accordance with local housing, building, plumbing, electrical, fire, health or related codes. See Tennessee Code 13-21-301
  • Dwelling: means any building or structure, or part thereof, used and occupied for human occupation or use or intended to be so used, and includes any outhouses and appurtenances belonging thereto or usually enjoyed therewith. See Tennessee Code 13-21-301
  • Dwelling unit: means a building or structure or part thereof that is used for a home or residence by one (1) or more persons who maintain a household. See Tennessee Code 13-21-301
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Governing body: means the council, commission, or board, or other legislative body, charged with governing a municipality. See Tennessee Code 13-21-301
  • Municipality: means any county, including any county having a metropolitan form of government, or incorporated city or town in this state. See Tennessee Code 13-21-301
  • Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
  • Public officer: means any officer or officers of a municipality or the executive director or other chief executive officer of any commission or authority established by the municipality or jointly with any other municipality who are authorized by ordinance adopted hereunder to exercise the power prescribed by the ordinances and by this part. See Tennessee Code 13-21-301
(2) Administer oaths, affirmations, examine witnesses, issue subpoenas and receive evidence;
(3) Enter upon the premises for the purpose of making examinations and inspections; provided, that the public officer may enter inside the dwelling unit only with the consent of a person in possession, with a validly issued search warrant, or in the event of an emergency presenting an immediate threat to the health, safety, and welfare of a person in possession. Entry shall comply in all respects with the fourth Amendment to the Constitution of the United States as well as article I, § 7, of the Constitution of Tennessee. Entry shall be made in such manner as to cause the least possible inconvenience to a person in possession;
(4) Appoint and fix the duties of any officers, agents and employees that the public officer deems necessary to carry out the purposes of the residential rental inspection ordinance; and
(5) Delegate any of the public officer’s functions and powers under the residential rental inspection ordinance to any officers and agents as the public officer may designate.
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