1st Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to municipalities; including counties in the 1.3 definition of municipality for purposes of removal of 1.4 hazardous buildings or hazardous property; amending 1.5 Minnesota Statutes 2002, sections 463.15, by adding a 1.6 subdivision; 463.151; 463.152, subdivision 2; 463.16; 1.7 463.161; 463.25. 1.8 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.9 Section 1. Minnesota Statutes 2002, section 463.15, is 1.10 amended by adding a subdivision to read: 1.11 Subd. 3a. [MUNICIPALITY.] "Municipality" means a county, 1.12 city, or town. 1.13 Sec. 2. Minnesota Statutes 2002, section 463.151, is 1.14 amended to read: 1.15 463.151 [REMOVAL BY MUNICIPALITY; CONSENT; COST.] 1.16 The governing body of any
city or townmunicipality may 1.17 remove or raze any hazardous building or remove or correct any 1.18 hazardous condition of real estate upon obtaining the consent in 1.19 writing of all owners of record, occupying tenants, and all lien 1.20 holders of record; the cost shall be charged against the real 1.21 estate as provided in section 463.21, except the governing body 1.22 may provide that the cost so assessed may be paid in not to 1.23 exceed five equal annual installments with interest thereon, at 1.24 eight percent per annum. 1.25 Sec. 3. Minnesota Statutes 2002, section 463.152, 1.26 subdivision 2, is amended to read: 2.1 Subd. 2. [ACQUISITION; PROCEDURE.] In furtherance of the 2.2 public policy declared in subdivision 1, the governing body of 2.3 any city or townmunicipality may acquire any hazardous 2.4 building, real estate on which any such building is located, or 2.5 vacant or undeveloped real estate by eminent domain in the 2.6 manner provided by chapter 117. 2.7 Sec. 4. Minnesota Statutes 2002, section 463.16, is 2.8 amended to read: 2.9 463.16 [REPAIR OR REMOVE HAZARDOUS PROPERTY CONDITION.] 2.10 The governing body of any city or townmunicipality may 2.11 order the owner of any hazardous building or property within the 2.12 municipality to correct or remove the hazardous condition of the 2.13 building or property or to raze or remove the building. 2.14 Sec. 5. Minnesota Statutes 2002, section 463.161, is 2.15 amended to read: 2.16 463.161 [ABATEMENT.] 2.17 In the manner prescribed in section 463.21 the governing 2.18 body of any city or townmunicipality may correct or remove the 2.19 hazardous condition of any hazardous building or property; the 2.20 cost of which shall be charged against the real estate as 2.21 provided in section 463.21 except the governing body may provide 2.22 that the cost so assessed may be paid in not to exceed five 2.23 equal annual installments with interest therein, at eight 2.24 percent per annum. 2.25 Sec. 6. Minnesota Statutes 2002, section 463.25, is 2.26 amended to read: 2.27 463.25 [HAZARDOUS EXCAVATIONS.] 2.28 If in any citymunicipality, an excavation for building 2.29 purposes is left open for more than six months without 2.30 proceeding with the erection of a building thereon, whether or 2.31 not completed, or if any excavation or basement is not filled to 2.32 grade or otherwise protected after a building is destroyed, 2.33 demolished or removed, the governing body may order such 2.34 excavation to be filled or protected or in the alternative that 2.35 erection of a building begin forthwith if the excavation is for 2.36 building purposes. The order shall be served upon the owner or 3.1 the owner's agent in the manner provided by section 463.17. If 3.2 the owner of the land fails to comply with the order within 15 3.3 days after the order is served, the governing body shall cause 3.4 the excavation to be filled to grade or protected and the cost 3.5 shall be charged against the real estate as provided in section 3.6 463.21. 3.7 Sec. 7. [EFFECTIVE DATE.] 3.8 Sections 1 to 6 are effective the day following final 3.9 enactment.