HomeMy WebLinkAbout9B - Report on Process for Securing Vacant Buildings
MEETING DATE:
AGENDA #:
PREPARED BY:
AGENDA ITEM:
DISCUSSION:
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MAY 5, 2008
98
SUESAN LEA PACE, CITY ATTORNEY
REPORT ON PROCESS FOR SECURING VACANT BUILDINGS
Introduction
The purpose of this agenda report is to address questions raised by the City
Council at its April 21, 2008 meeting about whether the City Council may
require vacant buildings to be boarded or otherwise secured and, if so, what
process the City Council must follow in order to secure vacant buildings.
Historv
As a result of the sub-prime mortgage crisis and its fallout on the economy,
there has been an increase in the number of mortgage foreclosures within the
City and, as a result, an increase in the number of vacant or abandoned
properties. The City has received reports that some of these properties have
been the targets of vandalism or theft. National news stories are reporting that
the same problem is occurring in cities across the country, with much of the
vandalism attributed to scavenging for copper piping and other materials of
value.
At the April 21, 2008 City Council Meeting, the City Attorney was directed to
report back to the City Council on the following issue:
1) What action may the City take to secure vacant properties within the City.
Current Circumstances
Minnesota Statutes 463.251 grants cities the authority to secure buildings that
are vacant and unoccupied. That statute sets forth procedures for securing
vacant buildings in: (1) non-emergency and (2) emergency situations.
1. Securing Buildings in Non-Emergency Situations
The statute authorizes the City to "secure" any building that is (1) vacant and
unoccupied, (2) is deemed hazardous due to the fact that it is open to trespass
and has not been secured, and (3) which could be made safe by securing the
building. Id., subd. 2.
"Securing" includes, but is not being 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." Id., subd. 1(c). The
City's authority to enter upon a property having a vacant, unoccupied building
that is deemed hazardous is inherent in its statutory authority to install locks,
repair or board windows or doors, post signs, or otherwise secure such a
building.
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ISSUES:
ND: 4819-4253-7730
In order to secure such a buildina. the Citv must follow the orocedure outlined
below:
(1) The City Council must adopt a resolution finding that the building is
vacant and unoccupied, hazardous due to the fact that it is open to
trespass and has not been secured and could be made safe by
securing it, and ordering that the building be secured.
(2) Notice of the order to secure the building must be served on 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 sheriffs certificate,
and the neighborhood association, at the last known address. Service
by mail is complete upon mailing.
(3) If, within six (6) days after the order is served, the owner of the
building fails to either comply or to provide the City Council with a
reasonable plan and schedule to comply with its order, the City
Council may cause the building to be properly secured, and the cost of
securing the building may be charged against the property.
Id., subd. 2. To charge the cost of securing a building against a property, the
City may either place a lien against the property on which the building is
located or obtain a judgment against the owner of the property. Id., subd. 3. A
lien against the property must be levied and collected as a special assessment,
following the notice, hearing and other procedural requirements for special
assessments, except that payment should be in one installment rather than
spread out over several years. Id.
2. Securing Buildings in Emergency Circumstances
Minnesota Statutes 463.251 also authorizes a city to "provide by ordinance for
emergency securing of a building that presents an immediate danger to the
health and safety of persons in the community." Id., subd. 4.
It does not appear that the City has adopted such an emergency ordinance.
While City Code Section 605 provides generally for abatement of public
nuisances (which include conditions which" unreasonably... endanger the
safety [and] health... of members of the public") the ordinance does not
provide expressly for the securing of buildings. City Code Section 605 allows
for the abatement of nuisances on private property, but requires notice to the
owner, the owner's agent or the occupant, and requires that they be given a
"reasonable time" to abate the nuisance before the City may itself act to abate
or remove the nuisance.
The City Council has the express authority under Minnesota Statute 463.251 to
secure vacant buildings in a non-emergency situation, regardless of whether
the City Code provides express authority. The City must follow the procedures
set out in Minnesota Statute 463.251, subds. 1-3, and described above to
secure vacant buildings.
ALTERNATIVES:
RECOMMENDED
MOTION:
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The City may not secure a vacant building in an emergency situation unless,
as described above, it adopts an ordinance, as required by Minnesota Statute
463.251, subd. 4, permitting the City to secure buidings in emergency
situations.
Although the City Council has the authority under Minnesota Statutes 463.251
to secure vacant buildings, an amendment to City Code 605 codifying the
procedures under Section 463.251, subds. 1-3, may prove useful to the City
Council in exercising that authority. In addition, an amendment to City Code
605 providing for securing vacant buildings in emergency circumstances, as
permitted under Section 463.251, subd. 4, may provide the City Council with
additional flexibility when and if such circumstances arise.
The following alternatives are available to the City Council:
1. Accept the agenda report and direct staff to prepare a report of vacant
and unoccupied buildings in the City that present hazards because they
are not secured.
2. Direct staff to prepare an ordinance amending City Code Section 605 to
expressly provide for securing vacant and unoccupied buildings that
present a hazard because they are not secured, addressing both
emergency and non-emergency circumstances.
3. Defer this agenda item to a date certain for a specific reason.
4. Deny this agenda item for a specific reason and provide Staff with
direction.
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