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HF 2988

as introduced - 87th Legislature (2011 - 2012) Posted on 04/02/2012 10:41am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to local government; limiting fees and charges related to housing and
vacant buildings; preempting municipal ordinances on hazardous buildings;
creating a Citizen Housing Review Board; amending Minnesota Statutes 2010,
sections 429.101, subdivision 1; 462.3612, subdivision 2; proposing coding for
new law in Minnesota Statutes, chapters 463; 471; repealing Minnesota Statutes
2010, section 463.26.

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

Section 1.

Minnesota Statutes 2010, 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;new text begin or
new text end

(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 ; ordeleted text end new text begin .
new text end

(11) [Repealed, 2004 c 275 s 5]

deleted text begin (12) the recovery of delinquent vacant building registration fees under a municipal
program designed to identify and register vacant buildings.
deleted 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.

Sec. 2.

Minnesota Statutes 2010, section 462.3612, subdivision 2, is amended to read:


Subd. 2.

Conditions; contents.

new text begin (a) When there is an increased housing fiscal
impact resulting from the adoption or amendment of an official control,
new text end the responsible
municipality may prepare a housing fiscal impact note prior to the public hearing on the
proposed adoption or amendment of an official control.

new text begin (b) new text end The housing fiscal impact note may:

(1) estimate in dollar amounts the increase or decrease in the costs as a result of
the municipal proposed action;

(2) specify long-range implications of the proposed action;

(3) describe appropriate alternatives to the proposed action; and

(4) discuss the rationale for the proposed change.

Sec. 3.

new text begin [463.265] VACANT BUILDING; REGISTRATION AND COMPLIANCE
FEES.
new text end

new text begin (a) A statutory or home rule charter city, or an agency of the city, may require
payment of a onetime fee of up to $1,000 for the identification or registration of ownership
of a vacant building. The city or agency must not, by ordinance or otherwise, require
payment of an annual fee for identification or registration of ownership of a vacant
building. A delinquent registration or ownership fee may be included as a line item on
the closing documents to be paid by the seller and distributed to the city at the time of
closing of the sale.
new text end

new text begin (b) The fee required by a statutory or home rule charter city, or an agency of the city,
for any inspection or code compliance reports required to obtain approval for the sale of a
vacant building pursuant to a purchase agreement must not exceed the reasonable cost of
providing the service and may be included as a line item on the closing documents to be
paid by the seller and distributed to the city at the time of closing of the sale.
new text end

Sec. 4.

new text begin [463.27] LOCAL ACTS AND CHARTER PROVISIONS.
new text end

new text begin The legislature preempts all authority of a municipality to regulate hazardous
buildings under sections 463.15 to 463.26 unless otherwise explicitly authorized by law.
A municipality may adopt an ordinance that is identical to state law. Local regulation
inconsistent with this section is void.
new text end

Sec. 5.

new text begin [471.9998] RENTAL FEES.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) "Dwelling" means an area meant for living or
sleeping by human occupants.
new text end

new text begin (b) "Municipality" means any county or home rule or charter city.
new text end

new text begin (c) "Residential building" means a building used in whole or in part as a dwelling,
including single-family homes and multiple-family units, either rental or owner-occupied.
new text end

new text begin Subd. 2. new text end

new text begin Fees prohibited. new text end

new text begin (a) A municipality must not impose a charge or fee
related to the conversion of an owner-occupied dwelling or owner-occupied residential
building to a rental dwelling or rental residential building.
new text end

new text begin (b) A municipality must not impose a charge or fee related to the change of
ownership of a rental dwelling or rental residential building.
new text end

new text begin (c) A municipality must not impose a charge or fee for an inspection related only
to the conversion of a property or change in ownership. A city may perform inspections
pursuant to a local ordinance and impose a fee or charge if the inspection is not triggered
by the conversion of a property or a change in ownership.
new text end

new text begin (d) A municipality must not impose a charge or fee for reinstating a rental license
to an individual whose rental license has been denied, revoked, or suspended by the
municipality.
new text end

new text begin (e) A municipality may impose a rental license charge or fee pursuant to a local
ordinance. The rental license charge or fee must be directly related to services provided
by the city. In setting the license fee, the municipality shall not include any amount
attributable to conversion, change in ownership, or inspections.
new text end

Sec. 6.

new text begin [471.9999] CITIZEN HOUSING REVIEW BOARD.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the terms defined in
this subdivision have the meanings given.
new text end

new text begin (b) "Board" means the Citizen Housing Review Board.
new text end

new text begin (c) "Dwelling" means an area meant for living or sleeping by human occupants.
new text end

new text begin (d) "Governing body" means the city council or county board of the entity that
created the board.
new text end

new text begin (e) "Municipality" means any county or any home rule or charter city.
new text end

new text begin (f) "Residential building" means a building used in whole or in part as a dwelling,
including single-family homes and multiple-family units, either rental or owner-occupied.
new text end

new text begin (g) "State or federal funding" means any funds from the state or federal government
in any form, including grants, forgivable loans, loans, or matching funds, for housing or
housing-related purposes.
new text end

new text begin Subd. 2. new text end

new text begin Established. new text end

new text begin Any municipality that receives state or federal funding for the
purpose of constructing, improving, or remodeling residential structures shall establish,
by ordinance, a Citizen Housing Review Board pursuant to this section. The enabling
ordinance must provide for the number of members and the entities to be represented,
consistent with subdivision 3. The enabling ordinance may provide for additional duties
but must not be less restrictive than or conflict with this section.
new text end

new text begin Subd. 3. new text end

new text begin Members. new text end

new text begin The board shall consist of at least five members appointed
by the mayor or the chair of the county board. The members shall include at least one
representative from each of the following groups: tenants, landlords, general contractors,
real estate investors, and underrepresented minorities. Each member shall serve for a term
of four years, except that when the board is established, approximately one-half of the
members shall serve a two-year term. The members shall serve without compensation.
The members are not required to be residents of the municipality unless required by
the enabling ordinance.
new text end

new text begin Subd. 4. new text end

new text begin Board scope; duties. new text end

new text begin (a) The board is advisory in nature and shall have no
enforcement authority. The board shall report to the governing body of the municipality.
new text end

new text begin (b) The board shall review and comment on all actions, programs, and projects
of the municipality that:
new text end

new text begin (1) improve or enhance existing housing stock;
new text end

new text begin (2) reduce the existing housing stock;
new text end

new text begin (3) create, or have the appearance of creating, barriers to affordable housing; or
new text end

new text begin (4) affect, in any way, affordable housing in the community.
new text end

new text begin (c) The board shall review and comment on all records, reports, and other documents
that are housing-related that are prepared by the municipality pursuant to state or federal
law.
new text end

new text begin (d) To the extent possible, the board shall ensure that all applicable state and federal
laws are followed by the municipality.
new text end

new text begin Subd. 5. new text end

new text begin Municipality duties. new text end

new text begin (a) The municipality shall provide access to records
of the municipality that are necessary to the work of the board.
new text end

new text begin (b) The municipality shall submit reports to the board of any actions within the
scope of subdivision 4 once per month or after each regular meeting of the governing
body, whichever is more frequent.
new text end

new text begin (c) When the municipality must submit a report, application, or other document to
the state or federal government regarding housing, whenever possible, the municipality
must provide the report, application, or other document to the board prior to submission so
that the board may review and comment.
new text end

new text begin Subd. 6. new text end

new text begin Open meetings; data. new text end

new text begin (a) The meetings of the board are subject to the
requirements of chapter 13D.
new text end

new text begin (b) All data received or created by the board is governed by chapter 13. Any data
that is received by the board retains the classification that it had under the providing entity.
new text end

new text begin Subd. 7. new text end

new text begin Terminating board. new text end

new text begin If the municipality does not anticipate receiving any
state or federal funding for housing or housing-related purposes, the governing body may
abolish the board by repealing the enabling ordinance. In the event that the municipality
will again receive state or federal funding, the municipality shall reestablish the board
pursuant to this section.
new text end

Sec. 7. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2010, section 463.26, new text end new text begin is repealed.
new text end

Sec. 8. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 7 are effective January 1, 2013.
new text end