2004 Minnesota Statutes

     299F.17 Failure to comply with order. 

    Subdivision 1.    Sale or destruction of building.  If 
 the owner or other party in interest shall fail to comply with 
 the order of the state fire marshal within the time fixed 
 thereby, or with such order as affirmed or modified by the 
 court, within the time fixed by court, in case a trial is had as 
 provided for in section 299F.16, the state fire marshal may 
 proceed to cause the building or structure to be altered, 
 repaired, or demolished in accordance with the directions 
 contained in the order.  Where a building or structure is 
 demolished in accordance with the order the state fire marshal 
 may sell and dispose of the salvage materials therefrom at 
 public auction upon three days' posted notice.  In lieu of 
 demolishing the building or structure the state fire marshal may 
 sell it at a public auction, upon the same notice, provided the 
 purchaser signs a written agreement to demolish the building and 
 remove the salvage within such time from the date of sale as the 
 state fire marshal shall announce before the sale.  In case any 
 such purchaser shall fail to so demolish the building or 
 structure and remove the salvage within the specified time, the 
 sale to the purchaser shall be void, and the purchase price paid 
 shall be retained by the state fire marshal as liquidated 
 damages for breach of the agreement.  Any amount collected for 
 the sale of salvage, or the building or structure, or as 
 liquidated damages for breach of the agreement shall be 
 deposited with the commissioner of finance and credited to the 
 fund of the state fire marshal.  

    Subd. 2.    Statement of receipts and expenses; 
 appropriation to owner.  The state fire marshal shall keep an 
 accurate account of the expenses incurred in carrying out the 
 order and all other expenses theretofore incurred in connection 
 with its enforcement, including specifically, but not 
 exclusively, initial inspection fees incurred before the filing 
 of the order of condemnation, including costs of photographs of 
 building, filing fees, service fees, publication fees, 
 appraisers' fees, witness fees, including expert witness fees, 
 and traveling expenses incurred by the state fire marshal and 
 deputies from the time the order was originally made, and shall 
 credit thereon the amount, if any, received from the sale of the 
 salvage, or building or structure, or as liquidated damages for 
 breach of the agreement, and shall report the action under the 
 order, with a statement of moneys received and expenses incurred 
 to the court for approval and allowance.  Thereupon the court 
 shall examine, correct, if necessary, and allow the expense 
 account and, if the amount received from the sale of the 
 salvage, or of the building or structure, or for liquidated 
 damages for breach of the agreement does not equal or exceed the 
 amount of expenses as allowed, the court shall by its order 
 certify the deficiency in the amount so allowed to the county 
 auditor for collection.  The owner or other party in interest 
 shall pay the same within 30 days thereafter, with 25 percent 
 penalty added thereon, and in default of payment the auditor 
 shall enter this expense on the tax lists of the county as a 
 special charge against the real estate on which the building is 
 or was situated and the same shall be collected in the same 
 manner as other taxes and the amount so collected, including the 
 penalty thereon, shall be paid into the state treasury and 
 credited to the fund of the state fire marshal.  When any real 
 estate on which the building or structure is or was situated 
 forfeits to the state for taxes, this expense shall be 
 apportioned by the county auditor from the net proceeds of the 
 sale or rental of such forfeited land to the state treasury to 
 be credited to the fund of the state fire marshal in the same 
 manner as any other special assessment is apportioned as 
 provided in section 282.08, clause (2).  If the amount received 
 for the sale of the salvage, or of the building or structure, or 
 for liquidated damages for breach of the agreement to remove the 
 building or structure exceeds the expense incurred by the state 
 fire marshal, as allowed by the court, and if there are no 
 delinquent taxes, the court shall direct the payment of the 
 surplus to the owner or the payment of the same into court for 
 the owner's use and benefit.  If there are delinquent taxes 
 against the property, the court shall direct the payment of the 
 surplus to the county treasurer to be applied on such taxes.  

    There is hereby appropriated to the persons entitled to 
 such surplus, from the fund in the state treasury to which the 
 money was credited, an amount sufficient to make the payment.  

    HIST: (5967) 1913 c 564 s 17; 1917 c 469 s 1; 1947 c 417 s 4; 
 1959 c 157 s 5; 1963 c 638 s 1; 1986 c 444; 2003 c 112 art 2 s 
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