SF 2285

1st Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to local government; adding to the list of 
  1.3             unpaid special charges for which a city may collect a 
  1.4             service charge as a special assessment; making a 
  1.5             conforming change; amending Minnesota Statutes 2002, 
  1.6             section 504B.445, subdivision 4; Minnesota Statutes 
  1.7             2003 Supplement, section 429.101, subdivision 1. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 2003 Supplement, section 
  1.10  429.101, subdivision 1, is amended to read: 
  1.11     Subdivision 1.  [ORDINANCES.] (a) In addition to any other 
  1.12  method authorized by law or charter, the governing body of any 
  1.13  municipality may provide for the collection of unpaid special 
  1.14  charges for all or any part of the cost of: 
  1.15     (1) snow, ice, or rubbish removal from sidewalks; 
  1.16     (2) weed elimination from streets or private property; 
  1.17     (3) removal or elimination of public health or safety 
  1.18  hazards from private property, excluding any structure included 
  1.19  under the provisions of sections 463.15 to 463.26; 
  1.20     (4) installation or repair of water service lines, street 
  1.21  sprinkling or other dust treatment of streets; 
  1.22     (5) the trimming and care of trees and the removal of 
  1.23  unsound trees from any street; 
  1.24     (6) the treatment and removal of insect infested or 
  1.25  diseased trees on private property, the repair of sidewalks and 
  1.26  alleys; 
  2.1      (7) the operation of a street lighting system; 
  2.2      (8) the operation and maintenance of a fire protection or a 
  2.3   pedestrian skyway system; or 
  2.4      (9) reinspections which find noncompliance after the due 
  2.5   date for compliance with an order to correct a municipal housing 
  2.6   maintenance code violation; or 
  2.7      (10) the recovery of any disbursements under section 
  2.8   504B.445, subdivision 4, clause (5), including disbursements for 
  2.9   payment of utility bills and other services, even if provided by 
  2.10  a third party, necessary to remedy violations as described in 
  2.11  section 504B.445, subdivision 4, clause (2); 
  2.12  as a special assessment against the property benefited.  
  2.13     (b) The council may by ordinance adopt regulations 
  2.14  consistent with this section to make this authority effective, 
  2.15  including, at the option of the council, provisions for placing 
  2.16  primary responsibility upon the property owner or occupant to do 
  2.17  the work personally (except in the case of street sprinkling or 
  2.18  other dust treatment, alley repair, tree trimming, care, and 
  2.19  removal or the operation of a street lighting system) upon 
  2.20  notice before the work is undertaken, and for collection from 
  2.21  the property owner or other person served of the charges when 
  2.22  due before unpaid charges are made a special assessment.  
  2.23     Sec. 2.  Minnesota Statutes 2002, section 504B.445, 
  2.24  subdivision 4, is amended to read: 
  2.25     Subd. 4.  [POWERS.] The administrator may: 
  2.26     (1) collect rents from residential and commercial tenants, 
  2.27  evict residential and commercial tenants for nonpayment of rent 
  2.28  or other cause, enter into leases for vacant dwelling units, 
  2.29  rent vacant commercial units with the consent of the landlord, 
  2.30  and exercise other powers necessary and appropriate to carry out 
  2.31  the purposes of sections 504B.381 and 504B.395 to 504B.471; 
  2.32     (2) contract for the reasonable cost of materials, labor, 
  2.33  and services including utility services provided by a third 
  2.34  party necessary to remedy the violation or violations found by 
  2.35  the court to exist and for the rehabilitation of the property to 
  2.36  maintain safe and habitable conditions over the useful life of 
  3.1   the property, and disburse money for these purposes from funds 
  3.2   available for the purpose; 
  3.3      (3) provide services to the residential tenants that the 
  3.4   landlord is obligated to provide but refuses or fails to 
  3.5   provide, and pay for them from funds available for the purpose; 
  3.6      (4) petition the court, after notice to the parties, for an 
  3.7   order allowing the administrator to encumber the property to 
  3.8   secure funds to the extent necessary to cover the costs 
  3.9   described in clause (2), including reasonable fees for the 
  3.10  administrator's services, and to pay for the costs from funds 
  3.11  derived from the encumbrance; and 
  3.12     (5) petition the court, after notice to the parties, for an 
  3.13  order allowing the administrator to receive funds made available 
  3.14  for this purpose by the federal or state governing body or the 
  3.15  municipality to the extent necessary to cover the costs 
  3.16  described in clause (2) and pay for them from funds derived from 
  3.17  this source.  
  3.18     The municipality shall recover disbursements under clause 
  3.19  (5) by special assessment on the real estate affected, bearing 
  3.20  interest at the rate determined by the municipality, but not to 
  3.21  exceed the rate established for finance charges for open-end 
  3.22  credit sales under section 334.16, subdivision 1, clause (b).  
  3.23  The assessment, interest, and any penalties shall be collected 
  3.24  as are special assessments made for other purposes under state 
  3.25  statute or municipal charter. 
  3.26     Sec. 3.  [EFFECTIVE DATE.] 
  3.27     Sections 1 and 2 are effective the day following final 
  3.28  enactment.