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2009_0720_Packet
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2009_0720_Packet
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7/28/2009 2:49:01 PM
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�vti�. stat. § 463.i9 If no one answers the order, the proceedings are a"default case." Although <br />there may be no answer to the order, the city must still seek a court <br />judgment to enforce the order. <br />a. Court judgment: Contested case <br />�vti�. stat. § 463.2o Where an answer to the order is filed, the proceedings are treated like any <br />other civil action, except this type of action has priority over all other <br />pending civil actions. A contested case has the attributes of a civil law suit, <br />such as filing documents with the court, gathering evidence, and a trial. <br />�vti�. stat. § ss�.o2 Because this type of case deals with a person's interest in his or her real <br />property, it is a good idea for the city to file a"lis pendens" with the county <br />recorder at the start of the case. The lis pendens filing gives potential <br />purchasers notice about the hazardous building proceedings. A lis pendens <br />must include the names of the parties in the suit, the object of the law suit, <br />and a description of the real property involved. At the end of the proceeding, <br />it is a good idea to file a notice that the lis pendens is discharged. <br />�vti�. stat. § 463.20; zn the After a trial, the court may or may not uphold the order issued by the city. <br />M°tteY °f° x`�°Yd°us Bu`ld`"g The court ma modi the order includin addin other hazardous <br />Located at 303-Sth Ave. NE, in y � � g g <br />the c�ry ofcambY�dge, No. c3- conditions that need to be repaired or removed, so long as there is evidence <br />99-i3s2, 200o wI, i36oi� to support the change. When considering the city's order, the district court <br />(Minn. Ct. App. Feb. 8, 2000) <br />(�publishefl fleoision) ; c�ry of must consider the possibility of repairing the building. <br />Wells v. Swehla, 2000 WL <br />1577087 (Minn. App. Oct 17, <br />2000) (unpublished decision) <br />vt�. stat. § 463.20. If the court upholds the order, with or without modification, the court enters <br />judgment in favor of the city. The court also sets a time in which the <br />hazardous condition must be repaired or removed ar the building must be <br />razed in compliance with the order. If the court does not uphold the order, <br />the court annuls the order and sets it aside. Either way, the court <br />administrator must mail a copy of the judgment to everyone originally <br />served with the order. <br />If the court issues an opinion that gives the property owner a specified <br />amount of time to fix or remove the hazardous conditions, the city generally <br />cannot take action in that time period unless the order so authorizes. The <br />city may ask the court to require the property owner to provide the city with <br />�vti�. stat. § 463.i6i ongoing access to inspect the progress and work. Generally, if at the end of <br />the time period the owner has not fixed or removed the hazardous <br />conditions, the city may repair or remove the hazardous condition or raze <br />the hazardous building. Consult the city attorney to determine if any <br />additional court orders are necessary. <br />b. Court judgment: Default case <br />�vti�. stat. § 463.i9 If no one files an answer to the city's order, it becomes a default case. The <br />Nt�. stat. § 463.i�, suba.3 city still needs to ask the court to enforce the city's order; this is done by a <br />motion to enforce the order. A motion is a type of court hearing where the <br />city asks the court to do something. At least five days before filing the <br />motion to enforce the order, the city must file a copy of the order and proof <br />DANGEROUSPROPERTIES 19 <br />
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