HomeMy WebLinkAbout111-06 Vacant Building Ordinance
ORDINANCE NO. 1 11 - 06
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 her eby ordain that:
1. Section s 605.700 through 605.900 of the Prior Lake City Code is hereby amended to
delete the section s in their entirety and to add the following language:
605.700: S V B :
Minnesota Statutes 463.251 grants cities the
ECURING ACANT UILDINGS
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 situation s.
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.
Unoc cupied 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 B uilding : A building or a portion of a building that meets one or more of the
following conditions:
(1) Vacant or u noccupied 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 acc umulated 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 b eing committed
on the premises.
(7) Unoccupied and the premises are de teriorating 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 unoccupi ed 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 C ity C ouncil 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 incl ude, 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 w ith 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 th e 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) C omply with the order;
(2) P rovide the C ouncil with a reasonable plan and schedule to comply with an the
order; or
(3) R equest a hearing before the C ity C ouncil to challenge the C ouncil’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
wi thin the allotted time, the C ity C ouncil shall have the building properly secured.
605.704: Securing Vacant Buildings, Emergency Situation: Pursuant to Minn. Stat. §
463.251, subd. 4, when the City Manage r or authorized designee determine s 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 immedia te 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 re cords
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 R O E :
:
The City Manager or authorized designees shall enforce the
IGHT F NTRY
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.
605.90 0 C O A C :
:
All costs incurred by the City for the
OLLECTION F BATEMENT OSTS
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 pu rsuant to Minn. Stat. §§ 463.251, 463.21, and 463.151.
This ordinance shall become effective from and after its passage and publication.
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Passed by the City Council of the City of Prior Lake this 20 day of June , 20 11 .
ATTEST:
______________________ ___ __________________________
City Manager Mayor
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Published in the Prior Lake American on the 25 day of June , 20 11 .