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2009_0720_Packet
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Attachment B <br />M��. stat. § 14sa.o1-.la. Under the "Local Public Health Act," a board of health may take actions to <br />remove and abate these public health nuisances. The governing board of a <br />city or county may establish a board of health. However, most cities do not <br />have their own board of health. Therefore, dealing with garbage houses is <br />often up to the county board of health and not the city. <br />M��. stat. § 14sa.o4, sued. One of the board's duties is to deal with threats to public health. If there is a <br />s(a); M��. stat. § 14sa.oa. threat to the public health, such as a public health nuisance (e.g., any activity <br />or failure to act that adversely affects the public health), a source of filth, or <br />a cause of sickness found on any property, the board of health (or its agent) <br />must order the owner or occupant of the property to remove or abate the <br />threat. Generally, if the owner, occupant, or agent does not comply with the <br />requirements of the notice, then the board of health (or its agent) must <br />remove or abate the nuisance, source of filth, or cause of sickness described <br />in the notice. <br />A. Local ordinances <br />M��. scac. § 14sa.os, subds. i, Both the county and the city have some authority to adopt ordinances related <br />�� to public health. The county board may adopt ordinances for all or part of its <br />jurisdiction to regulate actual or potential threats to the public health, <br />including ordinances to define public health nuisances and provide for their <br />prevention or abatement. However, these ordinances cannot be preempted <br />by, be in conflict with, or be less restrictive than standards set out in state <br />M��. scac. § 14sa.os, subd. 9 laws or rules. The city council may also adopt ordinances relating to the <br />public health authorized by law or by an agreement with the commissioner <br />of health. The ordinances cannot conflict with or be less restrictive than <br />ordinances adopted by the county board or state law. <br />M��. stat. § 14sa.lo, sued. 9 �{'there is a community health board in place of a board of health, it may <br />recommend local ordinances pertaining to community health services to the <br />city council or county board within its jurisdiction. <br />VIII.Hazardous buildings <br />M��. scac. §§ 46s.is-.a61. Minnesota law provides authority and a process to deal with hazardous <br />buildings. This process allows the city to order a property owner to repair or <br />remove a hazardous condition, or in extreme cases, to raze the building If <br />the owner does not do the work, the city may do so and charge the costs <br />against the property as a special assessment. The law requires that the court <br />oversee or be involved during most of the process. As such, it is very <br />important to work with the city attorney. The city attorney will be needed to <br />draft documents, file court papers, appear in court, and provide specific <br />legal advice throughout the process. <br />M��. x. isoo.oiso; M�nn. x. where applicable, the Minnesota State Building Code requires that all <br />isi i.oaod unsafe buildings and structures must be repaired, rehabilitated, demolished, <br />or removed according to the statutory hazardous building provisions. <br />M��. stat. § 463.z6 Hazardous building laws are supplementary to other statutory and charter <br />ct� �fMlnneGp�lt.S' V. Mel�Ghl, provisions. This means cities may enact and enforce ordinances on the same <br />14 LEAGUE OF MINNESOTA CITIES <br />
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