Skip to main content Skip to office menu Skip to footer
Capital IconMinnesota Legislature
Office of the Revisor of Statutes

SF 5190

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/26/2024 08:46am

KEY: stricken = removed, old language.
underscored = added, new language.
Version List Authors and Status
Pdf Rtf

Current Version - as introduced

Line numbers 1.1 1.2 1.3 1.4 1.5 1.6
1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15
1.16 1.17
1.18 1.19 1.20 1.21 2.1 2.2 2.3
2.4 2.5
2.6 2.7 2.8 2.9 2.10 2.11 2.12 2.13 2.14 2.15 2.16 2.17 2.18 2.19 2.20
2.21 2.22
2.23 2.24 2.25 2.26 2.27 2.28 2.29 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11 3.12 3.13 3.14 3.15 3.16 3.17 3.18 3.19 3.20 3.21 3.22 3.23 3.24 3.25 3.26 3.27 3.28 3.29 3.30 3.31 4.1 4.2
4.3 4.4

A bill for an act
 relating to special assessments; allowing local units of government to collect unpaid
service charges for certain sewer projects as special assessments; amending
Minnesota Statutes 2022, sections 115.55, by adding a subdivision; 429.011,
subdivisions 2, 2a; 429.101, subdivision 1.

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

Section 1.

Minnesota Statutes 2022, section 115.55, is amended by adding a subdivision
to read:


new text begin Subd. 14. new text end

new text begin Enforcement by special assessment. new text end

new text begin Notwithstanding any other law to the
contrary, a local unit of government that has adopted an ordinance in compliance with this
section for subsurface sewage treatment systems:
 new text end

new text begin (1) is a municipality for purposes of sections 429.011 and 429.101; and
 new text end

new text begin (2) may collect an unpaid service charge for the abatement of a noncompliant subsurface
sewage treatment system, the installation of a compliant subsurface sewage treatment system,
or the connection to a sanitary sewer as a special assessment according to section 429.101.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for special assessments payable in 2024
and thereafter.
 new text end

Sec. 2.

Minnesota Statutes 2022, section 429.011, subdivision 2, is amended to read:


Subd. 2.

Municipality; certain cities and towns.

"Municipality" meansnew text begin :
new text end

new text begin (1)new text end any city of the second, third, or fourth class however organizeddeleted text begin , ordeleted text end new text begin ;
new text end

new text begin (2)new text end any statutory city or any town as defined in section 368.01deleted text begin .deleted text end new text begin ; or
new text end

new text begin (3) for the purposes established in section 429.101, subdivision 1, paragraph (a), clause
(13), any city or township that has adopted an ordinance in compliance with section 115.55
related to subsurface sewage treatment systems.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for special assessments payable in 2024
and thereafter.
 new text end

Sec. 3.

Minnesota Statutes 2022, section 429.011, subdivision 2a, is amended to read:


Subd. 2a.

Municipality; certain counties.

"Municipality" also includes the following:

(1) a county in the case of construction, reconstruction, or improvement of a county
state-aid highway;

(2) a county in the case of construction, reconstruction, or improvement of a county
highway as defined in section 160.02 including curbs and gutters and storm sewers;

(3) a county exercising its powers and duties under section 444.075, subdivision 1;

(4) a county for expenses not paid for under section 403.113, subdivision 3, paragraph
(b), clause (3);

(5) a county in the case of the abatement of nuisances; deleted text begin and
deleted text end

(6) a county operating an energy improvements financing program under section
216C.436 or 216C.437deleted text begin .deleted text end new text begin ; and
new text end

new text begin (7) for the purposes established in section 429.101, subdivision 1, paragraph (a), clause
(13), any county that has adopted an ordinance in compliance with section 115.55 related
to subsurface sewage treatment systems.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for special assessments payable in 2024
and thereafter.
 new text end

Sec. 4.

Minnesota Statutes 2022, 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;

(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 or
deleted text end

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

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

new text begin (13) for a municipality described in section 429.011, subdivision 2, clause (3), or 2a,
clause (7):
 new text end

new text begin (i) the abatement of a noncompliant subsurface sewage system;
 new text end

new text begin (ii) the installation of a compliant subsurface sewage treatment system; or
 new text end

new text begin (iii) the connections to a sanitary sewer.
 new 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 or 216C.437 has the authority
granted to a municipality under paragraph (a) with respect to energy improvements financed
under that section.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for special assessments payable in 2024
and thereafter.
 new text end