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HomeMy WebLinkAbout8D - Property Taxes " AGENDA #: PREPARED BY: SUBJECT: DATE: INTRODUCTION: DISCUSSION: STAFF AGENDA REPORT 80 JANE KANSIER, PLANNING COORDINATOR AMENDMENT TO THE PRIOR LAKE CITY CODE RELATING TO THE PAYMENT OF TAXES AND RELATED FEES AS A PRECONDITION TO PERMIT ISSUANCE OR OTHER OFFICIAL CONTROL AUGUST 5, 1996 Minnesota Statutes were recently amended to allow a municipality to require that an applicant certify that there are no delinquent taxes, special assessments, penalties, interest, and municipal utility fees due on the parcel as part of the necessary information on an application for any permit or change to an official control. The staff suggests that this language be include in the Prior Lake City Code. In February, 1996, Minnesota Statutes Section 462.353, Subd. 5, was amended to include the following language: CERTIFY TAXES PAID: A municipality may require, either as part of the necessary information on an application or as a condition of a grant of approval, an applicant for an amendment to an official control established pursuant to sections 462.351 to 462.364, or for a permit or other approval required under an official control established pursuant to those sections, to certify that there are no delinquent property taxes, special assessments, penalties, interest, and municipal utility fees due on the parcel to which the application relates. Property taxes which are being paid under the provisions of a stipulation, order, or confession of judgment, or which are being appealed as provided by law, are not considered delinquent for purposes of this subdivision if all required payments are due under the terms if the stipulation, order, confession of judgment, or appeal have been paid. The sections of the Statute cited refer to the Planning Enabling legislation. The advantage of this language is that it allows the 16200 Eagle Creek Ave. S.E., Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER JUL-18-1996 10:58 LEAGUE OF MN CITIES ~.. . . .' , '. ..' . . .~..,;.'.~. ':. '. '. \~. . "'-,. ." LOCAL GOVER.'-:\1E~~-PER)JITS-..tPPLICA.NT'S CERTIFICATION THAT TAXES PAID CHAPTER 282 H.F. No. 2355 A.i."'l ACT relating to local gvvemment; au1hori~ing a city, c:ount'Y. or town to require certain information in 3f3P~ tor or as a condition ot granting approy.d of pennits required l1Zlder official C'Ontro1s; amedinl' lWnaesota Statutes 19'4. section 462-153, by adding a S\lbdivision; propo.ing c:oding tOl' Dew law in Minnesota Statutes, ehapters 366: and 394.. . .BE IT ENACTED BY1HE LEGISLATURE OF THE STA.TE OF ~';fllv"NESOTA: Section 1: 366.125 MAY M..-\KE APPLICANT CERTIFY THAT TAXES ARE PAlD; The toWT1 board may reauire. either aa cart of the neee.ssarv infor:natiol1 on an al:)CIiClQOn or as a condition ot" a 'O"3nt of 3l:)0Z'0'1a1. an a'DCllomt tor an amendment.. oermit. or other a-ccrovaJ. reauired under a ~aon established "DurstJant to sedons 360.10 to 368.18 to r:ertir, that there are no delinquent t)rocertv taxes. st)eciaJ 38s~ents. tlenaLties. and mterest due on the pa:rcel to which the ar:mticmtion relates. ProcertY ta."Ces which are bein~ aid llnder the crovi.siODS ot :1 3ti~ulation. oraer. or c:cafession ot 'ua ent. or whicb are beUie: a"Dce2led as crovided by law. are not eDnsidered delmauent fer l'Ul'D08es of thi.s section. if all . ~a l!!1ts due under the terms af the sti~wation. order. ~ntes.sion of' dent. er aoceal have 0ee11 oaicL See:.. 2.. 394.235 MAY M...-\KE .4..PPLICA..'lT CER.TIFY THAT T.~"aS ARE PAID. The eeant"l board mav reauire. either as cart ot the rleo!S8arl information on Cln aot)lic:ation or as a condition ot"; . t of 3ecrcvaJ. an atJeliC3t1t fer an amendment to an orli~.aL eol1trol estaclished CUrSUalll: :0 se<:tiens 694.21 to 394.37. or (or a. oermit or ot..~er acm-avaj reauireCl under an offical <:cntroi established OUl"Su.a.nt to those sedon3 to cer..ifv that there are no delinauent tJrocertY !:a.""(a sceciat a.sse.ssment.<s. oenalties, and interest due on the l'areeL to whic:.~ the :1C"Clication rela.tas.. Prccert"/ ta.-cas which are bein~ caid under the orovisions of a sticulacicn. oraer. or confession or." .iud2:menc. or whic."l are bein~ accealed as ~vided bv law. Additions an jndfc~t!d ~ under1in~ defetians tty ~ 17 Ch. 282, ~ 2 79th LEGISLATL'ltE are not c:ansideed delinquent :or 'Our:lOS~ of l~i.5_ 3u~divi.s~o.n if all required oav:r:ents ar~ due IJnder the :arms of the stitlUlac:oQ. orner. c:onzesslon. ot Juci~e!1t. or ~tlceal nave bee~ ~ b . Sec. 3. Minnesota Statutes 1994, section 462.353, is' amended by adding a su divisIon to read; Subd. 5. CERTIFY TA.~:ES PA1D. A munici1?~ty mav reauire. either as cart o~ the nece5sa.r"'j information on an 3ooIication or as a conClltion f)f a. ~t. of <1lJcrovaJ. an at)t)licant for an amendment to an official eontrol established o~ant to sect1en; 462.351 to 462.364. or !i a pennie or other a;ctlravu reauired under an oifical ~enQ'ol e:s~bli5hed a~t to th~8e or. to _......:. that then are ao delinauent ro taxes. s'Cecia.l assessments. oe.naJ.ces. sec:ons ..0;;. - ...; , .... te<<t interest. and munic~ lJ ,.~ tees due on the ~el to W~l:.' ~e atl~ue:1t:on r:i3 . _. certV taxes which a:e oem,! naid under the oroviSlons ot a. St:t)ulat:on. o~er. or cO~e5Slon f . ci-.....t. or which are be.inszo atltleiled as t)1"'l3vided by law. are not consldered aeiinc.ue..':t o JU c..w.~ . . rh ~ at -he for tlur'Coses of this 3Uodivision if all reauired oavrnents are ~~e tmC1er . l! c.e.r::n.s .. stieulation. ol"o:er, confession of tud~ent. or :l-oCe:ll have been oalC. Presen~ to th.e goVet:10r Febl"'Jar"'; 25, 1996. A?proved Feol"'J:Ir"J~. 1996., TOT;:'L P.2~ P.02/02 t } I ( I t r ; I CITY OF PRIOR LAKE ORDINANCE NO. 96-19 AN ORDINANCE AMENDING SECTION 1-14-1 OF PRIOR LAKE CITY CODE The City Council of the City of Prior Lake does hereby ordain: Section 1-14-1 of the Prior Lake City Code is hereby amended to read as follows: CERTIFY TAXES PAID: The City of Prior Lake requires, as part of the necessary information on an application, an applicant for an amendment to an official control established pursuant to Minnesota Statute sections 462.351 to 462.364, or for a permit or other approval required under an official control established pursuant to those sections, to certify that there are no delinquent property taxes, special assessments, penalties, interest, and municipal utility fees due on the parcel to which the application relates. Property taxes which are being paid under the provisions of a stipulation, order, or confession of judgment, or which are being appealed as provided by law, are not considered delinquent for purposes of this subdivision if all required payments are due under the terms if the stipulation, order, confession of judgment, or appeal have been paid. This ordinance shall become effective from and after its passage and publication. Passed by the City Council of the City of Prior Lake this 5th day of August, 1996. ATTEST: City Manager Mayor Published in the Prior Lake American on the _ day of ,1996. Drafted By: City of Prior Lake 16200 Eagle Creek Avenue Prior Lake, Minnesota 55372 16200 E'i3~f~"e~ek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER