HF 2039

1st Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to housing; securing vacant buildings; 
  1.3             amending Minnesota Statutes 1994, sections 463.251; 
  1.4             and 582.031, subdivision 2. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  Minnesota Statutes 1994, section 463.251, is 
  1.7   amended to read: 
  1.8      463.251 [SECURING VACANT BUILDINGS.] 
  1.9      Subdivision 1.  [DEFINITIONS.] The following terms have the 
  1.10  meanings given them for the purposes of this section. 
  1.11     (a) "City" means a statutory or home rule charter city. 
  1.12     (b) "Neighborhood association" means an organization 
  1.13  recognized by the city as representing a neighborhood within the 
  1.14  city. 
  1.15     (c) "Secure" may include, but is not limited to, installing 
  1.16  locks, repairing windows and doors, boarding windows and doors, 
  1.17  posting "no-trespassing" signs, installing exterior lighting or 
  1.18  motion-detecting lights, fencing the property, and installing a 
  1.19  monitored alarm or other security system. 
  1.20     Subd. 2.  [ORDER; NOTICE.] If in any city a building 
  1.21  becomes vacant or unoccupied and is deemed hazardous due to the 
  1.22  fact that the building is open to trespass and has not been 
  1.23  secured and the building could be made safe by securing the 
  1.24  building, the governing body may order the building secured and 
  1.25  shall cause notice of the order to be served upon the owner of 
  2.1   record of the premises or the owner's agent, the holder of the 
  2.2   mortgage or sheriff's certificate, and any neighborhood 
  2.3   association for the neighborhood in which the building is 
  2.4   located that has requested notice, by delivering or mailing a 
  2.5   copy to the owner or agent, the holder of the mortgage or 
  2.6   sheriff's certificate, and the neighborhood association, at the 
  2.7   last known address.  Service by mail is complete upon mailing.  
  2.8      Subd. 3.  [SECURING BUILDING BY CITY; LIEN.] If the owner 
  2.9   of the building fails to comply with the an order issued under 
  2.10  subdivision 2 within ten days after the order is served, the 
  2.11  governing body shall cause the building to be properly 
  2.12  secured and.  In the metropolitan area, as defined in section 
  2.13  473.121, subdivision 2, if requested by the neighborhood 
  2.14  association, the governing body may secure the building by the 
  2.15  means requested.  The cost thereof of securing the building may 
  2.16  be charged against the real estate as provided in section 463.21.
  2.17     Sec. 2.  Minnesota Statutes 1994, section 582.031, 
  2.18  subdivision 2, is amended to read: 
  2.19     Subd. 2.  [AUTHORIZED ACTIONS.] The holder of the mortgage 
  2.20  or sheriff's certificate may take the following actions to 
  2.21  protect the premises from waste:  install or change locks on 
  2.22  doors and windows, board windows, install an alarm system, 
  2.23  provide a resident caretaker, and otherwise prevent or minimize 
  2.24  damage to the premises from the elements, vandalism, trespass, 
  2.25  or other illegal activities.  If the holder of the mortgage or 
  2.26  sheriff's certificate installs or changes locks under this 
  2.27  section, a key to the premises must be promptly delivered to the 
  2.28  mortgagor or any person lawfully claiming through the mortgagor, 
  2.29  upon request.