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2009_0720_Packet
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2009_0720_Packet
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of service with the court administrator of the district court of the county <br />where the hazardous building is located. <br />M��. stat. § 463.1�, sued. 3 At the time of filing the order and proof of service with the district court, the <br />city must also file a lis pendens notice with the county recorder or registrar <br />M��. stat. § ss�.oa of titles. This is called a"lis pendens." The notice should also include the <br />names of the parties and the purpose of the action. If the city abandons the <br />hazardous building order proceeding, it must file a notice to that effect with <br />the county recorder within 10 days. At the end of the proceeding, the city <br />should file a notice that the lis pendens is discharged. <br />Mi�. stat. § 463.19 There will be a court hearing on the motion to enforce the order. The city <br />will present any evidence that the court requires. The court may then affirm <br />or modify the order and enter judgment accordingly. The court will also set <br />a time after which the council may enforce the order. The court <br />administrator will mail a copy of the judgment to all people who were <br />served with the original order. <br />Minn. Stat. § 471.345 <br />Minn. Stat. § 463.21; Minn. Stat. <br />§ 463.24 <br />Model Notice for Public Auction. <br />Minn. Stat. § 463.22 <br />Model Resolution Adopting <br />Expense Report. <br />3. Doing the work <br />If the city is authorized by the court to remove or repair a hazardous <br />condition or to raze a hazardous building, the city council will need to <br />determine the best way to get the work done. In some circumstances, city <br />employees may be able to do the work. In other situations, the city council <br />may need to hire someone to do the work. Depending on the work to be <br />done, the competitive bidding laws may apply. <br />When doing the work to remove or repair a hazardous condition or raze a <br />hazardous building, there may be personal property or fixtures that need to <br />be removed. If the original order included a provision ordering the property <br />owner or tenant to remove personal property or fixtures, and the owner did <br />not comply with the provisions in the order, the city may remove the <br />property and fixtures. It is a good idea to keep an inventory of all items <br />removed from the property so that the city has a record if questions arise <br />later about what was removed. The city may also sell any salvage materials <br />at the public auction. The auction must be posted for three days prior to the <br />auction. If the items have no appreciable value, the city may destroy them. <br />4. Recovering costs <br />Throughout the hazardous building process, the city must keep an accurate <br />account of the expenses it incurs in carrying out and enforcing the order. At <br />a minimum, this account must include the following expenses: <br />• Filing fees. <br />• Service fees. <br />• Publication fees. <br />• Attorney's fees. <br />• Appraisers' fees. <br />20 LEAGUE OF MINNESOTA CITIES <br />
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