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Below are answers to frequently asked questions (FAQ) about codes violations and what to do about them. If codes will not help, please contact us to help advocate with you. The codes department is paid for by our tax dollars and the city Manager Shanna Boyette is the administrative leader of this department. If you have issues you should contact her city office at 931-684-2691, or email at [email protected]
We are not lawyers, and the advice and information included here should not be seen as legal advice. Please contact Legal Aid of Tullahoma to see if you qualify for legal assistance at: 931-455-7000 or 866-898-0171 or visit this page to see if you qualify for free legal help: https://tn.freelegalanswers.org As far as we know, Shelbyville has adopted the International Properties Codes mentioned below. See below for what to do before you can get an inspection, what can happen after an inspection, and some reasons to call Codes, |
Shelbyville Codes Department |
How do I report a Codes violation?
Call or come to the office. See additional information below.
Inside the City limits:
For Property Maintenance Codes Violations (i.e.: tall grass, trash in the yard, inoperable vehicles) a person can come into the office, e-mail or call.
For Substandard Conditions, the individual or party involved must come into the office and be the legal tenant. For example: A renter in an apartment may make the Substandard complaint, but that person’s visiting grandmother cannot, as they are not the legal tenant listed on the rental agreement.
This includes individuals who pay the bills. Even if you are the one paying the bills, if you are not listed on the rental agreement, you are not the legal tenant. The legal tenant is the person, or persons, listed on the rental agreement.
Inside the City limits:
For Property Maintenance Codes Violations (i.e.: tall grass, trash in the yard, inoperable vehicles) a person can come into the office, e-mail or call.
For Substandard Conditions, the individual or party involved must come into the office and be the legal tenant. For example: A renter in an apartment may make the Substandard complaint, but that person’s visiting grandmother cannot, as they are not the legal tenant listed on the rental agreement.
This includes individuals who pay the bills. Even if you are the one paying the bills, if you are not listed on the rental agreement, you are not the legal tenant. The legal tenant is the person, or persons, listed on the rental agreement.
What documents do I need to report a Codes violation?
Property maintenance violations can be phoned, mailed, or e-mailed to the Building and Codes Department without any documentation,
The conditions listed below are for the City of Shelbyville Substandard Complaints only.
The Codes person needs to be able to confirm that you live at the address you’re reporting. If you’re a renter, you need:
The conditions listed below are for the City of Shelbyville Substandard Complaints only.
The Codes person needs to be able to confirm that you live at the address you’re reporting. If you’re a renter, you need:
- An ID with the current address listed
- Copy of your lease (If you have a verbal lease, you need receipts of payment of rent and maybe other documentation or if your landlord will not give you a copy)
- Piece of mail with your name and address on it
What happens after I call?
For Property Maintenance violations, no further action is necessary once the potential complaint is made.
For Substandard Conditions, a person will need to follow the steps listed below.
For Substandard Conditions, a person will need to follow the steps listed below.
- A Codes person will contact you to verify the documents, and you’ll meet with a notary public to sign an affidavit saying you are a legal resident of the address. (If you’re a renter, this is just saying that you rent at that address and have permission to live there.)
- A Codes person will set up an appointment to visit your house.
What happens if there are Codes violations?
If the inspection finds violations — either by YOU or your landlord — the Codes person will send a certified letter to both you and your landlord listing the violations. They have 10 days to send this letter. (Notifications for Substandard Conditions and/or Property Maintenance Violations are typically sent out in 24 to 48 hours from time of inspection. Ten days is a standard time frame for Property Maintenance violation(s) compliance. Substandard Conditions are provided a longer time frame for abatement. 30-45 from date of notification is normal procedure for Substandard Condition compliance.)
After the letter is sent, the person causing the violation has 30-45 days to fix the problem. (30 to 45 days from Date of Notification is the normal time frame for Substandard Condition compliance.)
If they do not fix the problem after 30-45 days, Codes can fine the person causing the violation or take the person causing the violation to court to compel them to fix it.
After the letter is sent, the person causing the violation has 30-45 days to fix the problem. (30 to 45 days from Date of Notification is the normal time frame for Substandard Condition compliance.)
If they do not fix the problem after 30-45 days, Codes can fine the person causing the violation or take the person causing the violation to court to compel them to fix it.
What qualifies as a Codes violation?
- In rental properties, the owner must make sure that residents have power, water, and sewage in working condition. (The structure and the plumbing and electrical must be sound and in good working condition. Having the necessary utilities turned on, may be up to the owner or the tenant. This will depend on what the rental agreement states.)
- The owner must make sure the property has sound foundation, so the floors and roof cannot be sagging. There can’t be cracks in foundation walls.
- The owner must make sure that the property can be heated to at least 65 degrees in the winter. Air conditioning is not a right, but you do have a right to a heated residence. (International Residential Building Code R303.9 Required Heating: When the winter design temperature in Table R301.2(1) is below 60° F (16° C), every dwelling unit shall be provided with heating facilities capable of maintaining a minimum room temperature of 68° F (20° C) at a point 3 feet (914 mm) above the floor and 2 feet (610 mm) from exterior walls in all habitable rooms at the design temperature. The installation of one or more portable space heaters shall not be used to achieve compliance with this section.)
- Cockroaches, bed bugs, and other pests (like mice and rats) could be Codes violation. (Insect and/or rodent infestations are considered a potential Property Maintenance violation. There are certain conditions that must be met to make this a Substandard Condition.)
What do I do if I have to live in a house with Codes violations?
You MUST still pay rent to your landlord, even if you’re living in substandard conditions and even if you pay out of pocket for repairs. Any missed rental payment could lead your landlord to evict you. In Shelbyville, you do NOT have a right to withhold rent. Any eviction on your record could lead other landlords to discriminate against you, even if the eviction isn’t your fault.
Shelbyville uses 2012 International Codes. Bedford County uses 2015 International Codes.
Shelbyville uses 2012 International Codes. Bedford County uses 2015 International Codes.
What about other problems?
What do I do about problems that aren't plumbing, heating, pest/bugs, or foundational?
- For exposed wiring, you can contact the State Deputy Electrical inspector
- For mold, you can contact the Health Department
- Plumbing could also fall under the Health Department
- But call Codes first, if they will not come out contact the Bedford County Listening Project
Before You Can Get an Inspection
To get a codes inspection for one of the reasons below, according to Shelbyville codes:
- You need proof of residence and bring a copy of your lease
- You must sign a paper in front of a notary and give the codes inspector permission to enter your home. You can use a notary in their office, or a bank will sometimes provide a notary.
- If you do not have a lease, or can not get a copy Codes should figure out another way for you to get an inspection, contact the Listening Project if you have issues.
What Can Happen (After an Inspection)
After an inspection, these are the possible steps that could happen:
- If the codes inspector finds that your house is uninhabitable due to a needed repair, then they might send a certified letter to your landlord and you.
- Next, the landlord could be given a chance to make the repairs.
- According to the rural renters rights information brochure, the landlord is not allowed by law to evict you for calling codes. But, if the landlord will not fix the issues—and they are serious enough—then the house or apartment could be condemned.
Some Reasons to Call Codes
Excerpts from the Tennessee Department of Health Rules:
For more information, see the full Codes state law:
https://publications.tnsosfiles.com/rules/1200/1200-01/1200-01-02.pdf
- Every dwelling unit shall have heating facilities which are properly installed, and are maintained in safe and good working condition, and are capable of safely and adequately heating all habitable rooms, bathrooms and water closet compartments in every dwelling unit located therein to a temperature of at least 68°F. at a distance of eighteen (18) inches above floor level under ordinary winter conditions provided that such heating facilities need not be installed when the occupant is expected to provide same on occupancy and that adequate connections for the safe installation and operation of a heating facility are provided.
- Where water under pressure is available [dwelling units shall have] a kitchen sink in each dwelling unit properly connected to the hot and cold potable water supply pipes and to a sewer system approved by the health department.
- [dwelling units shall have] A stove, or similar device for cooking food, and a refrigerator or similar device for the safe storage of food at temperatures less than 50°F. but more than 32°F. under ordinary maximum summer conditions, which are properly installed with all necessary connections for safe, sanitary and efficient operation, provided that such stove, refrigerator and/or similar devices need not be installed when the occupant is expected to provide same on occupancy, and that sufficient space and adequate connections for the safe and efficient installation and operation of a stove, refrigerator and/or similar devices are provided.
- All exterior doors, windows and other openings of the dwelling unit shall be equipped with safe, functioning locking devices.
- Every foundation, roof and exterior wall, door, skylight, and window shall be reasonably weathertight, watertight, and dampfree, and shall be kept in sound condition and good repair. Toxic paint and materials shall not be used where readily accessible to children. Floors, interior walls, and ceilings shall be sound and in good repair. Walls shall be capable of affording visual privacy to the occupants. Every premises shall be graded, drained, and free of standing water which would be conducive to mosquito breeding.
- Flush Water Closet shall mean a toilet bowl flushed with water under pressure with a water filled trap above the floor level. Such toilet bowls shall have a smooth, easily cleanable surface.
For more information, see the full Codes state law:
https://publications.tnsosfiles.com/rules/1200/1200-01/1200-01-02.pdf