2021-08-10 P & Z Packet - Laserfiche WebLink

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RELEVANT LINKS: Fortunately, state statutes provide significant authority to impose criminal penalties on individuals who maintain properties that constitute a public Minn. Stat. § 617.80. Minn. Stat. § 617.81. nuisance, as well as a process to abate such conditions when they do occur. In landlord-tenant situations, both tenant and owner may be held responsible for nuisance acts occurring on the property. In addition, cities can enforce building and/or property “maintenance” Cates v. Rose Bros., 182 codes, providing an additional local regulatory option. A typical property Minn. 494, 234 N.W. 681 (1931). regulation may address outdoor storage, including what may be stored outside, how much/many items may be stored on the property, how long Handbook, Comprehensive Planning, Land Use, and something may be stored outside, and different standards for front and City-Owned Land. back yards. While important everywhere, communities interested in renewal and redevelopment often make the elimination of nuisances a higher priority and seek various methods—including criminal prosecutions, active inspections, or abatement procedures—to achieve optimal results. This can be of particular importance when economic conditions result in an increased number of vacant and/or foreclosed properties. J.Hazardous and vacant properties Minn. Stat. §§ 463.15-26. The Hazardous and Substandard Buildings Act provides the procedure cities may use to address hazardous buildings and dangerous excavations Ukkonen v. City of within their communities. A “hazardous building” is “any building which Minneapolis, 280 Minn. 494, because of inadequate maintenance, dilapidation, physical damage, 160 N.W.2d 249 (Minn. 1968). unsanitary condition, or abandonment, constitutes a fire hazard or a hazard to public safety and health.” Minn. Stat. § 463.17. Cities typically first notify the owner of record to request the voluntary repair or removal of the hazardous condition or structure. If the owner is unwilling to repair, or if repair or removal is impractical, a city may choose to take one of the following actions: Minn. Stat. § 463.151. Upon the consent in writing of all owners of record, tenants, and all lien holders of record, the city itself may remove or raze any hazardous building or remove or correct any hazardous condition, assessing the costs incurred against the property. Acquire the hazardous building(s) or property through the exercise of Minn. Stat. ch. 117. the city’s eminent domain authority. Order the owner to correct or remove the condition or raze the Minn. Stat. § 463.16. building. Obtain a court judgment and the city itself can correct or remove the Minn. Stat. § 463.161. Minn. Stat. § 463.21. hazardous condition, assessing the costs incurred against the real property. League of Minnesota Cities Information Memo: 4/16/2020 Public Nuisances Page 12