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 such a rehabilitation of the building as is consistent with maintaining safe and habitable conditions over its remaining useful life;
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Terms Used In Tennessee Code 13-6-102

  • Building: means any building or structure that is located on the subject parcel. See Tennessee Code 13-6-102
  • Certified person: means any person determined by the court pursuant to §. See Tennessee Code 13-6-102
  • Code: includes the Tennessee Code and all amendments and revisions to the code and all additions and supplements to the code. See Tennessee Code 1-3-105
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Governmental authority: means any court or governmental, administrative, legislative, regulatory, adjudicatory, or arbitrational body, agency, commission, department, board, bureau, tribunal, or instrumentality of the United States or of any state, commonwealth, nation, territory, possession, county, parish, or municipality, whether now or hereafter constituted or existing, having or claiming jurisdiction over the subject parcel. See Tennessee Code 13-6-102
  • Interested person: means , with respect to a subject parcel, any owner, named trustee, or other person that:
    (A) Holds, or is the assignee of the holder of, a lien against that subject parcel. See Tennessee Code 13-6-102
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Municipal corporation: means any incorporated city or any county, including any county having a metropolitan form of government, and the code enforcement department or agency or other unit responsible for enforcing building and property conditions in the territorial jurisdiction of the city or county. See Tennessee Code 13-6-102
  • Nonprofit corporation: means any nonprofit corporation that has been duly organized and is in good standing under the laws of this state. See Tennessee Code 13-6-102
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Owner: means one (1) or more persons, jointly or severally, in whom is vested all or part of the legal title to, or beneficial ownership of, the subject parcel. See Tennessee Code 13-6-102
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: means any individual, firm, corporation, association, trust, partnership, joint venture, limited liability company, governmental authority, or other entity. See Tennessee Code 13-6-102
  • Property: includes both personal and real property. See Tennessee Code 1-3-105
  • Public nuisance: means any building that is:
    (A) A menace to the public health, welfare, or safety. See Tennessee Code 13-6-102
  • Qualified buyer: means any person determined by the court to be a certified person as provided in §. See Tennessee Code 13-6-102
  • Receiver: means any certified person appointed by the court for the purpose of preserving or improving the subject parcel and all of the powers of a receiver appointed for tax enforcement pursuant to §. See Tennessee Code 13-6-102
  • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in a perceivable form. See Tennessee Code 1-3-105
  • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
  • Subject parcel: means a tract or item of real or personal property that becomes subject to the jurisdiction of a court pursuant to this chapter. See Tennessee Code 13-6-102
  • Trustee: A person or institution holding and administering property in trust.
  • United States: includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
(2) “Acceptable petitioner” means:

(A) Any nonprofit corporation;
(B) The municipal corporation within which such subject parcel is located;
(C) The owner or legal occupant of a parcel of real property that is adversely impacted by the condition of the subject parcel; or
(D) Any interested person;
(3) “Building” means any building or structure that is located on the subject parcel;
(4) “Certified person” means any person determined by the court pursuant to § 13-6-108 to be qualified as a receiver or a qualified buyer;
(5) “Dwelling unit” means a building or the part of a building that is intended to be used as a home, residence, or sleeping place;
(6) “Governmental authority” means any court or governmental, administrative, legislative, regulatory, adjudicatory, or arbitrational body, agency, commission, department, board, bureau, tribunal, or instrumentality of the United States or of any state, commonwealth, nation, territory, possession, county, parish, or municipality, whether now or hereafter constituted or existing, having or claiming jurisdiction over the subject parcel;
(7) “Interested person” means, with respect to a subject parcel, any owner, named trustee, or other person that:

(A) Holds, or is the assignee of the holder of, a lien against that subject parcel;
(B) Is named as a nominee or agent of the holder of an obligation that is secured by a deed or a deed of trust affecting such subject parcel;
(C) Holds the benefit of an easement appurtenant to such subject parcel;
(D) Holds the benefit of a restrictive real covenant against such subject parcel; or
(E) Possesses an interest of record in or to such subject parcel;
(8) “Municipal corporation” means any incorporated city or any county, including any county having a metropolitan form of government, and the code enforcement department or agency or other unit responsible for enforcing building and property conditions in the territorial jurisdiction of the city or county;
(9) “Nonprofit corporation” means any nonprofit corporation that has been duly organized and is in good standing under the laws of this state;
(10) “Owner” means one (1) or more persons, jointly or severally, in whom is vested all or part of the legal title to, or beneficial ownership of, the subject parcel;
(11) “Person” means any individual, firm, corporation, association, trust, partnership, joint venture, limited liability company, governmental authority, or other entity;
(12) “Public nuisance” means any building that is:

(A) A menace to the public health, welfare, or safety;
(B) Structurally unsafe, unsanitary, or not provided with adequate safe egress;
(C) A fire hazard, dangerous to human life, or no longer fit and habitable;
(D) A nuisance, as defined in § 29-3-101; or
(E) Otherwise determined by the court or a municipal corporation to be a violation of any local building, housing, air pollution, sanitation, health, fire, zoning, or safety code, ordinance, or regulation applicable to any subject parcel;
(13) “Qualified buyer” means any person determined by the court to be a certified person as provided in § 13-6-108;
(14) “Receiver” means any certified person appointed by the court for the purpose of preserving or improving the subject parcel and all of the powers of a receiver appointed for tax enforcement pursuant to § 67-5-2103 are, as applicable, the powers of a receiver appointed pursuant to this chapter;
(15) “Receiver’s lien” means a first priority lien in favor of the receiver against the subject parcel that, with regard to the subject parcel, upon approval of the court, secures:

(A) Any and all direct and indirect expenses and costs incurred by the receiver, including reasonable attorney’s fees and costs;
(B) Any and all outstanding municipal fines, penalties, expenditures, and assessments;
(C) Any and all amounts attributable to state and local taxes and assessments, including any and all outstanding amounts secured by delinquent property tax liens; and
(D) A fee, payable to the receiver, equal to ten percent (10%) of the total of the amounts provided under subdivision (15)(A), but in no event less than two thousand five hundred dollars ($2,500);
(16) “Residential property” means a subject parcel that includes one (1) or more dwelling units that is owner-occupied and the owner’s principal place of residence, or that is otherwise intended for single-family residential use;
(17) “Residential rental property” means a building or structure consisting of one (1) or two (2) dwelling units; and
(18) “Subject parcel” means a tract or item of real or personal property that becomes subject to the jurisdiction of a court pursuant to this chapter.
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