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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. th Passed by the City Council of the City of Prior Lake this 20 day of June , 20 11 . ATTEST: ______________________ ___ __________________________ City Manager Mayor th Published in the Prior Lake American on the 25 day of June , 20 11 .