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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
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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
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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