Minnesota Session Laws - 1996, Regular Session

  
    
KEY: stricken = old language to be removed
     underscored = new language to be added
    
                            CHAPTER 286-S.F.No. 1812 
                  An act relating to housing; securing vacant buildings; 
                  amending Minnesota Statutes 1994, sections 463.251; 
                  and 582.031, subdivision 2. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1994, section 463.251, is 
        amended to read: 
           463.251 [SECURING VACANT BUILDINGS.] 
           Subdivision 1.  [DEFINITIONS.] The following terms have the 
        meanings given them for the purposes of this section. 
           (a) "City" means a statutory or home rule charter city. 
           (b) "Neighborhood association" means an organization 
        recognized by the city as representing a neighborhood within the 
        city. 
           (c) "Secure" may include, but is not limited to, installing 
        locks, repairing windows and doors, boarding windows and doors, 
        posting "no-trespassing" signs, installing exterior lighting or 
        motion-detecting lights, fencing the property, and installing a 
        monitored alarm or other security system. 
           Subd. 2.  [ORDER; NOTICE.] If in any city a building 
        becomes vacant or unoccupied and is deemed hazardous due to the 
        fact that the building is open to trespass and has not been 
        secured and the building could be made safe by securing the 
        building, the governing body may order the building secured and 
        shall cause notice of the order to be served upon the owner of 
        record of the premises or the owner's agent, the taxpayer 
        identified in the property tax records for that parcel, the 
        holder of the mortgage or sheriff's certificate, and any 
        neighborhood association for the neighborhood in which the 
        building is located that has requested notice, by delivering or 
        mailing a copy to the owner or agent, the identified taxpayer, 
        the holder of the mortgage or sheriff's certificate, and the 
        neighborhood association, at the last known address.  Service by 
        mail is complete upon mailing.  
           Subd. 3.  [SECURING BUILDING BY CITY; LIEN.] If the owner 
        of the building fails to either comply or provide to the 
        governing body a reasonable plan and schedule to comply with the 
        an order issued under subdivision 2 within ten six days after 
        the order is served, the governing body shall cause the building 
        to be properly secured and the cost thereof of securing the 
        building may be charged against the real estate as provided in 
        section 463.21.  In the metropolitan area, as defined in section 
        473.121, subdivision 2, the governing body may work with 
        neighborhood associations to develop and implement plans to 
        secure vacant buildings in a timely and cost-effective fashion.  
        The city may use rehabilitation and revitalization funds in 
        implementing this section. 
           Subd. 4.  [EMERGENCY SECURING.] A city may provide by 
        ordinance for emergency securing of a building that presents an 
        immediate danger to the health and safety of persons in the 
        community. 
           Sec. 2.  Minnesota Statutes 1994, section 582.031, 
        subdivision 2, is amended to read: 
           Subd. 2.  [AUTHORIZED ACTIONS.] The holder of the mortgage 
        or sheriff's certificate may take the following actions to 
        protect the premises from waste:  install or change locks on 
        doors and windows, board windows, install an alarm system, 
        provide a resident caretaker, and otherwise prevent or minimize 
        damage to the premises from the elements, vandalism, trespass, 
        or other illegal activities.  If the holder of the mortgage or 
        sheriff's certificate installs or changes locks under this 
        section, a key to the premises must be promptly delivered to the 
        mortgagor or any person lawfully claiming through the mortgagor, 
        upon request. 
           Presented to the governor February 26, 1996 
           Signed by the governor February 27, 1996, 10:25 a.m.