HF 2438

as introduced - 88th Legislature (2013 - 2014) Posted on 02/27/2014 03:42pm

A bill for an act
relating to building code; providing for an appeal process for persons with
building code fee disputes; amending Minnesota Statutes 2012, section 462.353,
subdivision 4.

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

Section 1.

Minnesota Statutes 2012, section 462.353, subdivision 4, is amended to read:

Subd. 4.

Fees.

(a) A municipality may prescribe fees sufficient to defray the
costs incurred by it in reviewing, investigating, and administering an application for an
amendment to an official control established pursuant to sections 462.351 to 462.364 or an
application for a permit or other approval required under an official control established
pursuant to those sections. Except as provided in subdivision 4a, fees as prescribed must
be by ordinance. Fees must be fair, reasonable, and proportionate and have a nexus to
the actual cost of the service for which the fee is imposed.

(b) A municipality must adopt management and accounting procedures to ensure
that fees are maintained and used only for the purpose for which they are collected. Upon
request, a municipality must explain the basis of its fees.

(c) Except as provided in this paragraph, a fee ordinance or amendment to a fee
ordinance is effective January 1 after its adoption. A municipality may adopt a fee
ordinance or an amendment to a fee ordinance with an effective date other than the next
January 1, but the ordinance or amendment does not apply if an application for final
approval has been submitted to the municipality.

(d) If a dispute arises over a specific fee imposed by a municipality related to a
specific application new text begin , or specific fee imposed by section 326B.153 new text end , the person aggrieved
by the fee may appeal under section 462.361, provided that the appeal must be brought
within 60 days after approval of an application under this section and deposit of the fee
into escrow. A municipality must not condition the approval of any proposed subdivision
or development on an agreement to waive the right to challenge the validity of a fee.
An approved application may proceed as if the fee had been paid, pending a decision
on the appeal. This paragraph must not be construed to preclude the municipality from
conditioning approval of any proposed subdivision or development on an agreement to
waive a challenge to the cost associated with municipally installed improvements of the
type described in section 429.021.