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2000) (unpublished decision); general Si2t0T110rit tllat t110 OWriOI' "T11USt 011Tlliriat0 IlaZal'C�OUS COriC�1t10riS" 1S <br />Villuge ofZumbrotu v. .7ohnson, <br />idi N.w.ad dad ��nn. i96s�. likely not specific enough. <br />M��. scac. § 46s.1�, subd. z The council's order must be served upon the property owner of record, or <br />the owner's agent if an agent is in charge of the building, any occupying <br />tenants, and alllien-holders of record. ("Owner," "owner of record," and <br />M��. scac. § 46s.is, subd. 4 "lien-holder of record" are any people that have a right or interest in the <br />property and evidence of this interest is recorded in the office of the county <br />recorder or registrar of titles in the county where the property is situated.) <br />The service of the order must be done in the same manner as the service of a <br />summons in a civil court action. To make sure the order is properly served, <br />the city may hire a professional process server. <br />M��. stat. § 463.1�, sued. z If the owner cannot be found, the order is served by posting it at the main <br />entrance to the building. In addition to posting, the order must be published <br />LMC �nformanon memo, for four weeks in the official city newspaper; if there is no official city <br />Newsp°peYPubt'�°t'°n. newspaper, then the order is published in a legal newspaper in the county. <br />M��. scac. § 469.ao1-.ao�. A city with a Targeted Neighborhood Revitalization Program may assess a <br />penalty of up to 1 percent of the market value of the real property for any <br />building in the city that the city determines to be hazardous. Because there <br />are statutory requirements that must be met in order to do so, the city should <br />work with its city attorney. <br />a. Removal of personal property and fixtures <br />Mi�. stat. § 463.24 If personal property or fixtures are in the building, the city may address <br />these items in the order. Personal property is anything that is subject to <br />ownership that is not classified as real property; some examples of personal <br />property are furniture, clothing, and televisions. A fixture is an item of <br />personal property that is attached to the property or building and is <br />considered part of the building; some examples of fixtures are built-in <br />appliances, water heaters, and cabinets. <br />M��. scac. § 46s.a4; M��. scac. If personal property or fixtures will unreasonably interfere with the work to <br />§ 463.21 be done, or if the razing or removal makes removal of the property <br />necessary, the order may direct the removal of the personal property or <br />fixtures within a reasonable amount of time. If the property or fixtures are <br />not removed in the specified timeframe and the council enforces the order, <br />the council may sell any valuable personal property, fixtures, or salvage at a <br />public auction after three days posted notice. If the items do not have any <br />appreciable value, the council may have them destroyed. <br />2. Responding to the order <br />M��. stat. § 46s.is; M��. stat. Once the order is served on the appropriate people, any one of those people <br />§ 463.zo may contest the order. This is done by "answering" the order. The answer <br />must specifically deny the facts in the order that are disputed. The answer to <br />the order must be served within 20 days from the date the order was served. <br />The answer is served in the manner provided for the service of an answer in <br />a civil court action. When an answer is filed, the court will become involved <br />like any other law suit. This situation is called a"contested case." <br />18 LEAGUE OF MINNESOTA CITIES <br />