Minnesota Session Laws - 2004, Regular Session

                            CHAPTER 147-S.F.No. 1903 
                  An act relating to municipalities; including counties 
                  in the definition of municipality for purposes of 
                  removal of hazardous buildings or hazardous property; 
                  amending Minnesota Statutes 2002, sections 463.15, by 
                  adding a subdivision; 463.151; 463.152, subdivision 2; 
                  463.16; 463.161; 463.25. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 2002, section 463.15, is 
        amended by adding a subdivision to read: 
           Subd. 3a.  [MUNICIPALITY.] "Municipality" means a county, 
        city, or town. 
           Sec. 2.  Minnesota Statutes 2002, section 463.151, is 
        amended to read: 
           463.151 [REMOVAL BY MUNICIPALITY; CONSENT; COST.] 
           The governing body of any city or town municipality may 
        remove or raze any hazardous building or remove or correct any 
        hazardous condition of real estate upon obtaining the consent in 
        writing of all owners of record, occupying tenants, and all lien 
        holders of record; the cost shall be charged against the real 
        estate as provided in section 463.21, except the governing body 
        may provide that the cost so assessed may be paid in not to 
        exceed five equal annual installments with interest thereon, at 
        eight percent per annum.  
           Sec. 3.  Minnesota Statutes 2002, section 463.152, 
        subdivision 2, is amended to read: 
           Subd. 2.  [ACQUISITION; PROCEDURE.] In furtherance of the 
        public policy declared in subdivision 1, the governing body of 
        any city or town municipality may acquire any hazardous 
        building, real estate on which any such building is located, or 
        vacant or undeveloped real estate by eminent domain in the 
        manner provided by chapter 117. 
           Sec. 4.  Minnesota Statutes 2002, section 463.16, is 
        amended to read: 
           463.16 [REPAIR OR REMOVE HAZARDOUS PROPERTY CONDITION.] 
           The governing body of any city or town municipality may 
        order the owner of any hazardous building or property within the 
        municipality to correct or remove the hazardous condition of the 
        building or property or to raze or remove the building.  
           Sec. 5.  Minnesota Statutes 2002, section 463.161, is 
        amended to read: 
           463.161 [ABATEMENT.] 
           In the manner prescribed in section 463.21 the governing 
        body of any city or town municipality may correct or remove the 
        hazardous condition of any hazardous building or property; the 
        cost of which shall be charged against the real estate as 
        provided in section 463.21 except the governing body may provide 
        that the cost so assessed may be paid in not to exceed five 
        equal annual installments with interest therein, at eight 
        percent per annum.  
           Sec. 6.  Minnesota Statutes 2002, section 463.25, is 
        amended to read: 
           463.25 [HAZARDOUS EXCAVATIONS.] 
           If in any city municipality, an excavation for building 
        purposes is left open for more than six months without 
        proceeding with the erection of a building thereon, whether or 
        not completed, or if any excavation or basement is not filled to 
        grade or otherwise protected after a building is destroyed, 
        demolished or removed, the governing body may order such 
        excavation to be filled or protected or in the alternative that 
        erection of a building begin forthwith if the excavation is for 
        building purposes.  The order shall be served upon the owner or 
        the owner's agent in the manner provided by section 463.17.  If 
        the owner of the land fails to comply with the order within 15 
        days after the order is served, the governing body shall cause 
        the excavation to be filled to grade or protected and the cost 
        shall be charged against the real estate as provided in section 
        463.21. 
           Sec. 7.  [EFFECTIVE DATE.] 
           Sections 1 to 6 are effective the day following final 
        enactment. 
           Presented to the governor March 30, 2004 
           Signed by the governor April 2, 2004, 12:57 p.m.