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2021-08-10 P & Z Packet
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2021-08-10 P & Z Packet
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RELEVANT LINKS: <br />of public improvements but may also use them to collect unpaid service <br />charges. Statutory or charter procedures and notice requirements must be <br />followed. <br />Minn. Stat. § 429.101, subd. <br />Cities may, through city ordinance, require that property owners perform <br />1. <br />certain property-related services. If the city performs the services, it may <br />assess the property benefited for all or any part of the cost of: <br />Snow, ice, or rubbish removal from sidewalks. <br />Weed elimination from streets or private property. <br />The removal or elimination of public health or safety hazards from <br />private property. <br /> The installation or repair of water service lines, street sprinkling, or <br />other dust treatment of streets. <br />The trimming and care of trees and the removal of unsound trees from <br />any street. <br /> The treatment and removal of insect-infested or diseased trees on <br />private property. <br />The repair of sidewalks and alleys. <br /> Inspections relating to municipal housing maintenance code violations. <br /> Recovering delinquent vacant building program registration fees. <br />Minn. Stat. § 429.101, subd. <br />Generally, special assessments levied may be payable in a single <br />2. <br />installment or by up to 10 equal annual payments. The exception is for <br /> <br />Singer v. City of <br />special assessments made under an energy improvements financing <br />Minneapolis, 586 N.W.2d <br />program which may be repayable in up to 20 equal installments. The city <br />804 (Minn. Ct. App. 1988). <br />must pass an ordinance to make this authority effective. The special <br />assessment statute can also apply to home rule charter cities in absence of <br />a specific charter or ordinance provision governing assessment procedures <br />within that jurisdiction. <br />Minn. Stat. § 429.101, subd. <br />Assuming the city has adopted a special assessment ordinance and the <br />1. <br />condition fits under the state statute, costs may be recoverable through the <br />assessment process. <br /> <br />XII. Conclusion <br /> <br />Cities have broad authority to define, penalize, and abate public nuisance <br />activities and conditions. City authority is not limitless, however. Cities do <br />not have the power to intervene over private nuisances, nor may they <br />declare conditions to be nuisances that in fact are not. Local authority must <br />not be used arbitrarily, but city officials must be prepared to enforce <br />whatever provisions are adopted. While there are ways to recoup <br />enforcement and abatement expenses, effective nuisance regulations <br />require funding and the use of city personnel. <br />League of Minnesota Cities Information Memo: 4/16/2020 <br />Public Nuisances Page 27 <br />
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