HomeMy WebLinkAbout5H Ordinance Amending City Code to Update Vacant Building Provisions4646 Dakota Street SE
Prior Lake_ MN 55372
CITY COUNCIL AGENDA REPORT
MEETING DATE: JUNE 20, 2011
AGENDA #: 5H
PREPARED BY: JANE KANSIER, BUILDING AND TRANSPORTATION SERVICES DIRECTOR
PRESENTED BY: JANE KANSIER
AGENDA ITEM: CONSIDER APPROVAL OF AN ORDINANCE AMENDING SECTIONS 605.700
THROUGH 605.900 OF THE CITY CODE TO UPDATE THE VACANT BUILDING
PROVISIONS TO BE CONSISTENT WITH MINNESOTA STATUTES
DISCUSSION: Introduction
The purpose of this agenda item is to request Council approval of an ordinance
amending Sections 605.700 through 605.900 of the City Code. These amend-
ments address the need to update the City's ordinance so it is consistent with
changes made to the State statute.
History
In 2008, the City Council adopted Sections 605.700- 605.900 of the City Code to
address vacant buildings, and the City's authority to secure such buildings. In
2011, City staff became aware of amendments to Minnesota Statute §463.251.
This is the statute which enables the City to secure vacant buildings. The
changes are substantial enough to require an update to the City Code.
Current Circumstances:
The most significant changes to Minnesota Statutes Section §463.251 include
specific information that must be included in the notices served on the owner and
other specified people. The staff has also taken this opportunity to add some cla-
rifying definitions to the ordinance, and to add language refining the City's ability
to collect any cost associated with abatement.
The specific changes include the following:
605.701: Adds specific definitions of "Unoccupied Building," "Unsecured Building,"
and "Vacant Building."
605.702: Adds specific notice requirements as specified in the new statute.
605.703: Lists the rights and duties of the owner of any vacant building. In gen-
eral, the building owner has six days to comply with the Council's order, provide a
plan for removal of the building, or request a public hearing to challenge the
Council's finding that the building is hazardous.
605.705: Clarifies the City's ability to charge any costs associated with the ab-
atement of the vacant buildings and lists the relevant statutes.
A copy of the revised ordinance is attached for the Council's review.
Conclusion
The proposed amendments are consistent with Minnesota Statutes.
ISSUES: For the most part, City staff has been able to manage problems with vacant build-
ings by direct contact with the property owners. However, we have had occasion
to use this provision in the past. For that reason, it is important to ensure the
City's ordinance is current and consistent with Minnesota Statutes. The City At-
torney has reviewed the ordinance amendments.
FINANCIAL The City will not incur any additional costs as a result of this amendment. In fact,
IMPACT: the amendment clarifies the City's ability to collect any costs incurred as a result of
the abatement.
ALTERNATIVES: The Council has three alternatives:
1. Approve the attached ordinance amending Sections 605.700 through 605.900
as proposed.
2. Deny the proposed ordinance.
3. Table this item and provide staff with specific direction.
RECOMMENDED The staff recommends Alternative 1.
MOTION:
Health and Sanitation
605.700: SECURING VACANT BUILDINGS: 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.
605.701: Definitions
Secure Def'Rea "Secure" may include, but is not 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.
Unoccupied Building: A building which is not being used for legal occupancy.
Unsecured Building: A building or portion of a building that is open to entry by
unauthorized persons without the use of tools.
Vacant Building: A building or a portion of a building that meets one or more of the
following conditions:
(1) Vacant or unoccupied and foreclosed upon as identified by the county.
(2) Unoccupied and windows or entrances to the premises are boarded up or closed off,
or multiple window panes are broken and unrepaired.
(3) Unoccupied and doors to the premises are smashed through, broken off, unhinged, or
continuously unlocked.
(4) Unoccupied and gas electric, or water service to the premises has been terminated.
(5) Unoccupied and rubbish trash, or debris has accumulated on the mortgaged
premises.
(6) Unoccupied and the police or sheriff's office has received at least two reports of
trespassers on the premises or of vandalism or other illegal acts being committed on
the premises.
(7) Unoccupied and the premises are deteriorating and are either below or are in
imminent danger of falling below minimum community standards for public safety
and sanitation.
605.702: Securing Vacant Buildings, Non - Emergency Situation: In general, if any building
becomes vacant or unoccupied and is deemed hazardous due to the fact that the
building is open to trespass and has not been secured, and the building could be
made safe by securing the building the City Council may order the building secured
and shall cause notice of the order to be served consistent with Minn. Stat. � 463.251,
subd. 2. The notice must be served upon the owner of record of the premises or the
owner's agent the taxpayer identified in the property tax records for the parcel, the
City of Prior Lake
605/p1
Health and Sanitation
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. The
notice is served by delivery or mail. Service by mail is complete upon mailing. The
notice must be in writing and must include at a minimum, a statement that:
(1) Informs the owner and the holder of any mortgage or sheriff's certificate of the
requirements found in subdivision Minn. Stat. § 463.251, subd. 3 that the owner or
holder of the certificate has six (6) days to comply with the order or provide the
council with a reasonable plan and schedule to comply with the order and that costs
may be assessed against the property if the person does not secure the building.
(2) Informs the owner and the holder of any mortgage or sheriff's certificate that, within
six (6) days of the order being served the person may request a hearing before the
City Council challenging the Council's determination that the property is vacant or
unoccupied and hazardous.
(3) Notifies the holder of any sheriff's certificate of the holder's duty under Minn. Stat. §
582.031, subd. 1, paragraph (b), to enter the premises to protect the premises from
waste and trespass if the order is not challenged or set aside and there is prima
facie evidence of abandonment of the property as described in Minn. Stat. §
582.032, subd. 7.
REA been seGUFed and the building GOuld be made safe by GeGUF'Rg the buqld'Rg, the
City must fe the PFGGedure outIoRed below:
a Finding the b uild*Rg 0 &
hn apdGUc due #n the fa Gt it i_ nnon to trespass and haS nn4 been cone iron
and
GGu be made safe by GeGUF it, apd
City of Prior Lake
605/p2
Health and Sanitation
605.703: The owner of the building or the holder of the sheriff's certificate of sale has six (6)
days after the order is served to do one of the following:
(1) Comply with the order,
(2) Provide the Council with a reasonable plan and schedule to comply with an the order;
or
(3) Request a hearing before the City Council to challenge the Council's determination
that the property is vacant or unoccupied and hazardous.
If the owner or holder of the sheriff's certificate fails to take one of these actions within
the allotted time the City Council shall have the building properly secured.
605.704: Securing Vacant Buildings, Emergency Situation: Pursuant to Minn. Stat. X463.251,
subd. 4, when the City Manager or authorized designee determines an immediate
danger exists with respect to the health or safety of persons in the community
because a building is vacant and unoccupied and therefore deemed hazardous, and
immediate boarding and securing of a building is required, the City Manager or
authorized designee may waive all notice requirements herein and immediately board
or otherwise secure the buildina. provided that:
(1) The conditions the City Manager or authorized designee is relying on to determine an
immediate danger to the health and safety of persons in the community exist are
documented in writing.
2) Notice is mailed immediatelv by the Citv Manaaer or authorized desianees to the
owner of record of the premises the taxpayer identified in the property tax records for
the 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.
605.705: Collection of Costs. All costs incurred by the city for securing a vacant building under
this ordinance may be charged against the real property as a special assessment
pursuant to Minn. Stat. �� 463.251. 463.21. and 463.151.
City of Prior Lake
605/p3
Health and Sanitation
605.800: RIGHT OF ENTRY: The City Manager or authorized designees shall enforce the
provisions of this Section Where reasonable cause exists to believe a public
nuisance as defined in Section 605 exists, the City Manager or authorized designees
may enter the property to investigate whether there is a violation of this Section. and
feF the purposes ef enferGiRg the Same, er Sat'SfyiRg themselves whether theFe has
been aRy vielatien thereof, they shall, wheFe they may have FeaGGRable GauSe to
believe that this SeGtion has been vic)lated, eRteF UPGR aRy pFemises what6eeveF and
aRy maRRer in the enfnrnement of this SeGt
605.900: COLLECTION OF ABATEMENT COSTS: All costs incurred by the City for the
securing of a vacant building and for the abatement and removal of a public nuisance
upon privately owned property may be charged against the real property as a special
assessment pursuant to Minn. Stat. §§ 463.251, 463.21, and 463.151.sh�,, 'u„ be
assessed, levied and GelleGted as a speGial assessment payable i n GRe sum against
special assessmeRtc
City of Prior Lake
605/p4
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�" 4646 Dakota Street S.E.
H
U x Prior Lake, MN 55372 -1714
ORDINANCE NO. 111 -xx
AN ORDINANCE AMENDING SECTIONS 605.700 THROUGH 605.900 OF THE CITY
CODE TO UPDATE THE PROVISIONS RELATING TO SECURING VACANT
BUILDINGS TO BE CONSISTENT WITH MINNESOTA STATUTES
The City Council of the City of Prior Lake does hereby ordain that:
1. Sections 605.700 through 605.900 of the Prior Lake City Code is hereby amended to
delete the sections in their entirety and to add the following language:
605.700: SECURING VACANT BUILDINGS: 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.
605.701: Definitions
Secure: "Secure" may include, but is not 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.
Unoccupied Building: A building which is not being used for legal occupancy.
Unsecured Building: A building or portion of a building that is open to entry
by unauthorized persons without the use of tools.
Vacant Building: A building or a portion of a building that meets one or more of the
following conditions:
(1) Vacant or unoccupied and foreclosed upon as identified by the county.
(2) Unoccupied and windows or entrances to the premises are boarded up or closed
off, or multiple window panes are broken and unrepaired.
(3) Unoccupied and doors to the premises are smashed through, broken off, unhinged,
or continuously unlocked.
(4) Unoccupied and gas, electric, or water service to the premises has been
terminated.
(5) Unoccupied and rubbish, trash, or debris has accumulated on the mortgaged
premises.
www.cityofpriorlake.com
Phone 952.447.9800 / Fax 952.447.4245
(6) Unoccupied and the police or sheriff's office has received at least two reports of
trespassers on the premises, or of vandalism or other illegal acts being committed
on the premises.
(7) Unoccupied and the premises are deteriorating and are either below or are in
imminent danger of falling below minimum community standards for public safety
and sanitation.
605.702: Securing Vacant Buildings, Non - Emergency Situation: In general, if any building
becomes vacant or unoccupied and is deemed hazardous due to the fact that the
building is open to trespass and has not been secured, and the building could be
made safe by securing the building, the City Council may order the building secured
and shall cause notice of the order to be served consistent with Minn. Stat. §
463.251, subd. 2. The notice must be served upon the owner of record of the
premises or the owner's agent, the taxpayer identified in the property tax records for
the 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. The notice is served by delivery or mail. Service by mail is complete upon
mailing. The notice must be in writing and must include, at a minimum, a statement
that:
(1) Informs the owner and the holder of any mortgage or sheriff's certificate of the
requirements found in subdivision Minn. Stat. § 463.251, subd. 3 that the owner
or holder of the certificate has six (6) days to comply with the order or provide the
council with a reasonable plan and schedule to comply with the order and that
costs may be assessed against the property if the person does not secure the
building.
(2) Informs the owner and the holder of any mortgage or sheriff's certificate that,
within six (6) days of the order being served, the person may request a hearing
before the City Council challenging the Council's determination that the property
is vacant or unoccupied and hazardous.
(3) Notifies the holder of any sheriff's certificate of the holder's duty under Minn. Stat.
§ 582.031, subd. 1, paragraph (b), to enter the premises to protect the premises
from waste and trespass if the order is not challenged or set aside and there is
prima facie evidence of abandonment of the property as described in Minn. Stat.
§ 582.032, subd. 7.
605.703: The owner of the building or the holder of the sheriff's certificate of sale has six (6)
days after the order is served to do one of the following:
(1) Comply with the order;
(2) Provide the Council with a reasonable plan and schedule to comply with an the
order; or
(3) Request a hearing before the City Council to challenge the Council's determination
that the property is vacant or unoccupied and hazardous.
If the owner or holder of the sheriff's certificate fails to take one of these actions
within the allotted time, the City Council shall have the building properly secured.
605.704: Securing Vacant Buildings, Emergency Situation: Pursuant to Minn. Stat. §
463.251, subd. 4, when the City Manager or authorized designee determines an
immediate danger exists with respect to the health or safety of persons in the
community because a building is vacant and unoccupied and therefore deemed
hazardous, and immediate boarding and securing of a building is required, the City
Manager or authorized designee may waive all notice requirements herein and
immediately board or otherwise secure the building, provided that.
(1) The conditions the City Manager or authorized designee is relying on to determine
an immediate danger to the health and safety of persons in the community exist are
documented in writing.
(2) Notice is mailed immediately by the City Manager or authorized designees to the
owner of record of the premises, the taxpayer identified in the property tax records
for the 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.
605.705: Collection of Costs. All costs incurred by the city for securing a vacant building
under this ordinance may be charged against the real property as a special
assessment pursuant to Minn. Stat. §§ 463.251, 463.21, and 463.151.
605.800: RIGHT OF ENTRY: The City Manager or authorized designees shall enforce the
provisions of this Section. Where reasonable cause exists to believe a public
nuisance as defined in Section 605 exists, the City Manager or authorized
designees may enter the property to investigate whether there is a violation of this
Section.
605.900: COLLECTION OF ABATEMENT COSTS: All costs incurred by the City for the
securing of a vacant building and for the abatement and removal of a public
nuisance upon privately owned property may be charged against the real property
as a special assessment pursuant to Minn. Stat. §§ 463.251, 463.21, and 463.151.
This ordinance shall become effective from and after its passage and publication.
Passed by the City Council of the City of Prior Lake this 20 day of June, 2011.
ATTEST:
City Manager
Mayor
Published in the Prior Lake American on the 25 day of June, 2011.
Drafted By:
City of Prior Lake
4646 Dakota Street SE
Prior Lake, MN 55372