§ 13-20-402 — Hearing - Determination

(a) Upon the date fixed for the hearing held upon notice as provided in § 13-20-401 , an opportunity to be heard shall be granted to all residents and taxpayers of the city and the surrounding area and to all other interested persons. (b) (1) After such a hearing, the council shall determine: (A) Whether unsanitary or unsafe inhabited dwelling accommodations exist in the city and the surrounding area; and/or (B) Whether there is a lack of safe or sanitary dwelling accommodations in the city and the surrounding area available for all the inhabitants of such city or area. In determining whether dwelling accommodations are unsafe or unsanitary, the council shall take into consideration the following: (i) The physical condition and age of the building; (ii) The degree of overcrowding; (iii) The percentage of land coverage; (iv) The light and air available to the inhabitants of such dwelling accommodations; (v) The size and arrangement of the rooms; (vi) The sanitary facilities; and (vii) The extent to which conditions exist in such buildings which endanger life or property by fire or other causes. (2) If it shall determine that either or both of the above enumerated conditions exist, the council shall adopt a resolution so finding, which need not go into any detail other than the mere finding, and shall cause notice of such determination to be given to the mayor who shall thereupon appoint, as hereinafter provided, five (5) commissioners to act as an authority.

Legislative History

Acts 1935 (Ex. Sess.), ch. 20, § 4; C. Supp. 1950, § 3647.3 (Williams, § 3647.4); T.C.A. (orig. ed.), § 13-902.