428A.14 IMPROVEMENT FEES AUTHORITY; NOTICE AND HEARING.
Subdivision 1. Authority.
Fees may be imposed by the implementing entity on the housing
units within the housing improvement area at a rate, term, or amount sufficient to produce
revenue required to provide housing improvements in the area to reimburse the implementing
entity for advances made to pay for the housing improvements or to pay principal of, interest
on, and premiums, if any, on bonds issued by the implementing entity under section
The fee can be imposed on the basis of the tax capacity of the housing unit, or the total amount
of square footage of the housing unit, or a method determined by the council and specified in
the resolution. Before the imposition of the fees, a hearing must be held and notice must be
published in the official newspaper at least seven days before the hearing and shall be mailed
at least seven days before the hearing to any housing unit owner subject to a fee. For purposes
of this section, the notice must also include:
(1) a statement that all interested persons will be given an opportunity to be heard at the
hearing regarding a proposed housing improvement fee;
(2) the estimated cost of improvements including administrative costs to be paid for in whole
or in part by the fee imposed under the ordinance;
(3) the amount to be charged against the particular property;
(4) the right of the property owner to prepay the entire fee;
(5) the number of years the fee will be in effect; and
(6) a statement that the petition requirements of section
have either been met or
do not apply to the proposed fee.
Within six months of the public hearing, the implementing entity may adopt a resolution
imposing a fee within the area not exceeding the amount expressed in the notice issued under
Prior to adoption of the resolution approving the fee, the condominium associations located
in the housing improvement area shall submit to the implementing entity a financial plan prepared
by an independent third party, acceptable to the implementing entity and associations, that
provides for the associations to finance maintenance and operation of the common elements in the
condominium and a long-range plan to conduct and finance capital improvements.
Subd. 2. Levy limit.
Fees imposed under this section are not included in the calculation of
levies or limits on levies imposed under any law or charter.
History: 1996 c 471 art 8 s 10; 2000 c 490 art 11 s 6