Minnesota Session Laws - 2004, Regular Session

                            CHAPTER 275-H.F.No. 2378 
                  An act relating to local government; adding to the 
                  list of unpaid special charges for which a city may 
                  collect a service charge as a special assessment; 
                  providing for the expiration of one of the additions; 
                  making a conforming change; providing for the 
                  dedication of certain fees for public use of certain 
                  state-owned facilities at Giants Ridge; appropriating 
                  money; amending Minnesota Statutes 2002, sections 
                  298.221; 504B.445, subdivision 4; Minnesota Statutes 
                  2003 Supplement, section 429.101, subdivision 1. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 2002, section 298.221, is 
        amended to read: 
           298.221 [RECEIPTS FROM CONTRACTS; APPROPRIATION.] 
           (a) Except as provided in paragraph (c), all money paid to 
        the state of Minnesota pursuant to the terms of any contract 
        entered into by the state under authority of section 298.22 and 
        any fees which may, in the discretion of the commissioner of 
        iron range resources and rehabilitation, be charged in 
        connection with any project pursuant to that section as amended, 
        shall be deposited in the state treasury to the credit of the 
        Iron Range Resources and Rehabilitation Board account in the 
        special revenue fund and are hereby appropriated for the 
        purposes of section 298.22. 
           (b) Notwithstanding section 16A.013, merchandise may be 
        accepted by the commissioner of the Iron Range Resources and 
        Rehabilitation Board for payment of advertising contracts if the 
        commissioner determines that the merchandise can be used for 
        special event prizes or mementos at facilities operated by the 
        board.  Nothing in this paragraph authorizes the commissioner or 
        a member of the board to receive merchandise for personal use.  
           (c) All fees charged by the commissioner in connection with 
        public use of the state-owned ski and golf facilities at the 
        Giants Ridge Recreation Area and all other revenues derived by 
        the commissioner from the operation or lease of those facilities 
        and from the lease, sale, or other disposition of undeveloped 
        lands at the Giants Ridge Recreation Area must be deposited into 
        an Iron Range Resources and Rehabilitation Board account that is 
        created within the state enterprise fund.  All funds deposited 
        in the enterprise fund account are appropriated to the 
        commissioner to be expended, subject to approval of a majority 
        of the board, as follows: 
           (1) to pay costs associated with the construction, 
        equipping, operation, repair, or improvement of the Giants Ridge 
        Recreation Area facilities or lands; 
           (2) to pay principal, interest and associated bond 
        issuance, reserve, and servicing costs associated with the 
        financing of the facilities; and 
           (3) to pay the costs of any other project authorized under 
        section 298.22. 
           Sec. 2.  Minnesota Statutes 2003 Supplement, 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 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; or 
           (9) reinspections which find noncompliance after the due 
        date for compliance with an order to correct 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); or 
           (11) painting the exterior of a structure to remedy a 
        municipal code violation; 
        as a special assessment against the property benefited.  
           (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.  
           Sec. 3.  Minnesota Statutes 2002, section 504B.445, 
        subdivision 4, is amended to read: 
           Subd. 4.  [POWERS.] The administrator may: 
           (1) collect rents from residential and commercial tenants, 
        evict residential and commercial tenants for nonpayment of rent 
        or other cause, enter into leases for vacant dwelling units, 
        rent vacant commercial units with the consent of the landlord, 
        and exercise other powers necessary and appropriate to carry out 
        the purposes of sections 504B.381 and 504B.395 to 504B.471; 
           (2) contract for the reasonable cost of materials, labor, 
        and services including utility services provided by a third 
        party necessary to remedy the violation or violations found by 
        the court to exist and for the rehabilitation of the property to 
        maintain safe and habitable conditions over the useful life of 
        the property, and disburse money for these purposes from funds 
        available for the purpose; 
           (3) provide services to the residential tenants that the 
        landlord is obligated to provide but refuses or fails to 
        provide, and pay for them from funds available for the purpose; 
           (4) petition the court, after notice to the parties, for an 
        order allowing the administrator to encumber the property to 
        secure funds to the extent necessary to cover the costs 
        described in clause (2), including reasonable fees for the 
        administrator's services, and to pay for the costs from funds 
        derived from the encumbrance; and 
           (5) petition the court, after notice to the parties, for an 
        order allowing the administrator to receive funds made available 
        for this purpose by the federal or state governing body or the 
        municipality to the extent necessary to cover the costs 
        described in clause (2) and pay for them from funds derived from 
        this source.  
           The municipality shall recover disbursements under clause 
        (5) by special assessment on the real estate affected, bearing 
        interest at the rate determined by the municipality, but not to 
        exceed the rate established for finance charges for open-end 
        credit sales under section 334.16, subdivision 1, clause (b).  
        The assessment, interest, and any penalties shall be collected 
        as are special assessments made for other purposes under state 
        statute or municipal charter. 
           Sec. 4.  [EXTENSION OF CITY OF HOYT LAKES ZONING AND 
        SUBDIVISION REGULATIONS.] 
           (a) Notwithstanding the limitations of Minnesota Statutes, 
        sections 462.357 and 462.358, the city of Hoyt Lakes, with the 
        consent of the town of White, may extend its zoning and 
        subdivision regulations to the area legally described as:  East 
        1/2 of Section 12, Township 58 North, Range 15 West. 
           (b) Upon consent given by the town of White to the 
        extension of the city of Hoyt Lakes' zoning and subdivision 
        regulations over the area legally described in paragraph (a), 
        the city of Hoyt Lakes' regulations prevail over any other 
        applicable zoning and subdivision regulations. 
           Sec. 5.  [EFFECTIVE DATE.] 
           This act is effective under Minnesota Statutes, section 
        645.02, the day after the governing body of the latter of the 
        town of White and the city of Hoyt Lakes and their respective 
        chief clerical officers timely complete their compliance with 
        Minnesota Statutes, section 645.021, subdivisions 2 and 3.  
        Section 2, subdivision 1, paragraph (a), clause (11), is 
        repealed on July 1, 2006. 
           Presented to the governor May 18, 2004 
           Signed by the governor May 29, 2004, 3:45 p.m.