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4z9.o61-.osi. removing the hazardous condition are charged against the property as a lien see se�rion v D 4 xe�oVeYtng against the real estate. This lien is levied and collected as a special �°sts. assessment. The city council may provide that the assessment may be paid LMC'nf°'mat'°n mem°, spe�'°l in five or fewer equal annual installments with interest at 8 percent per year. Assessment Cruide. As an alternative to the lien, the city can recover the costs by obtaining a court judgment against the owner of the real estate. See Section VIII D Removal or repair by order. If the property owner voluntarily remedies the problem, or if the city obtains consent and remedies the problem, the city may be able to avoid the lengthy process used when there is no consent. However, neither of these options is required by law. The city may choose not to use these options, but rather proceed straight to removal or repair by order. Similarly, if the city's attempts to use these two methods fail, the city may proceed by ordering the repair or removal. D. Removal or repair by order Village ofZumbrota v. .7ohnson, 'I'he M1riri0SOi2 SUpI'0m0 COUl� IlaS Sa1C� tllat a Clty SIlOU1C� US0 1tS aUtllOTlty idi N.w.ad dad (M�nn. i96s�. under the hazardous building process prudently in order to avoid unnecessary infringement on the property owner's rights. The city must be ct�y ofwetts V. swehta, No. cs- especially cautious when ordering a hazardous building to be razed. 00-319, 2000 WL 1577087 ��nn. ct. app. o�t. i�, a000) Minnesota courts have further stated that, although the statute gives the city �"np"el'sh� de°'s'°n>; zn the the discretion to decide whether a building should be removed or repaired, Matter of a Hazardous Building Lo�ate� at 3o3-sth AVe. N�; tn destruction of a hazardous building should not be authorized unless it can be rhe ct�y ofcambYt�ge, No. cs- shown that the hazardous conditions cannot be removed or repaired. 99-issa, a000 wL isdoi� Therefore, the property owner should be given reasonable amount of time to (Minn. Ct. App. Feb. 8, 2000) („np„bl,sh� de�,s,on). repair or remove the hazardous conditions; failure to make repairs or remove hazardous conditions may be grounds to allow the city to demolish the building. Minn. Stat. § 463.16; Minn. Stat. § 463.17, subd. 1. Model Resolution Ordering the Repair or Removal of Hazardous Conditions; Model Resolution Ordering the Razing of a Hazardous Building. The order to remove or repair If the council determines that a building is hazardous, the council may adopt an order declaring the building to be hazardous and ordering the owner to repair or remove the condition or raze the building The order is usually done by resolution. The order to repair or remove a hazardous condition or to raze a hazardous building must be in writing and must: • Recite the grounds or basis for the order. • Specify the necessary repairs, if any, and provide a reasonable time to comply with the order. • State that a motion for summary enforcement of the order will be made to the district court of the county in which the hazardous building or M��. scac. § 46s.is property is situated unless corrective action is taken, or unless an answer is filed within the time specified in section 46318, which is 20 days. zn rhe nraneY ofa xazaY�ous � preparing the order, it is important that the city take care to specify the Building Located at 303-Sth Ave. N�; tn rhe ct�y ofcambYt�ge, necessary repairs. The order must be specific enough to give the property No. cs-99-issa, a000 wL owner notice of the alleged hazardous conditions. One way to do this is to is6o1� ��nn. cc. app. Feb. s, list the hazardous conditions individually in an explanatory manner. A DANGEROUSPROPERTIES 17