SF 1595

1st Engrossment - 88th Legislature (2013 - 2014) Posted on 03/11/2014 08:37am

A bill for an act
relating to local government; authorizing certain cities to collect civil penalties
and fees as a special assessment; amending Minnesota Statutes 2012, sections
412.231; 429.101, subdivision 1.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2012, section 412.231, is amended to read:

412.231 PENALTIES.

new text begin (a) new text end The council shall have the power to declare that the violation of any ordinance
shall be a penal offense and to prescribe penalties therefor. No such penalty shall exceed a
fine of $1,000 or imprisonment in a city or county jail for a period of 90 days, or both,
but in either case the costs of prosecution may be added.

new text begin (b) A city may provide by ordinance that any civil penalties or fees the city imposes
as a result of property-related violations be assessed against one of the following: (1) the
property which was the subject matter, or related to the subject matter, of the penalties
or fees; or (2) the property which was the location of an activity, proposed use, delivery
of city service, or other circumstances which resulted in the penalties or fees. The
assessments may be collected as a special assessment pursuant to section 429.101.
new text end

Sec. 2.

Minnesota Statutes 2012, section 429.101, subdivision 1, is amended to read:

Subdivision 1.

Ordinances.

(a) In addition to any other method authorized by
law or charter, the governing body of any municipality may provide for the collection
of unpaid special charges as a special assessment against the property benefited for all
or any part of the cost of:

(1) snow, ice, or rubbish removal from sidewalks;

(2) weed elimination from streets or private property;

(3) removal or elimination of public health or safety hazards from private property,
excluding any structure included under the provisions of sections 463.15 to 463.26;

(4) installation or repair of water service lines, street sprinkling or other dust
treatment of streets;

(5) the trimming and care of trees and the removal of unsound trees from any street;

(6) the treatment and removal of insect infested or diseased trees on private property,
the repair of sidewalks and alleys;

(7) the operation of a street lighting system;

(8) the operation and maintenance of a fire protection or a pedestrian skyway system;

(9) inspections relating to a municipal housing maintenance code violation;

(10) the recovery of any disbursements under section 504B.445, subdivision 4,
clause (5), including disbursements for payment of utility bills and other services, even if
provided by a third party, necessary to remedy violations as described in section 504B.445,
subdivision 4, clause (2); deleted text begin or
deleted text end

(11) [Repealed, 2004 c 275 s 5]

(12) the recovery of delinquent vacant building registration fees under a municipal
program designed to identify and register vacant buildings new text begin ; or
new text end

new text begin (13) civil penalties or fees imposed by a city as a result of a property-related
violation pursuant to section 412.231, paragraph (b) new text end .

(b) The council may by ordinance adopt regulations consistent with this section to
make this authority effective, including, at the option of the council, provisions for placing
primary responsibility upon the property owner or occupant to do the work personally
(except in the case of street sprinkling or other dust treatment, alley repair, tree trimming,
care, and removal, or the operation of a street lighting system) upon notice before the work
is undertaken, and for collection from the property owner or other person served of the
charges when due before unpaid charges are made a special assessment.

(c) A home rule charter city, statutory city, county, or town operating an energy
improvements financing program under section 216C.436 has the authority granted to a
municipality under paragraph (a) with respect to energy improvements financed under
that section.