(A) Order.
(1) If a building within the city becomes vacant or unoccupied and is deemed hazardous due to the fact that the building is open to trespass and has not been secured and the building could be made safe by securing the building, pursuant to M.S. § 463.251, the Council in its discretion, may order the building secured. SECURE may include, but is not limited to, installing locks, repairing windows
and doors, boarding windows and doors, posting “no-trespassing” signs, installing exterior lighting or motion-detecting lights, fencing the real property, and installing a monitored alarm or other security system.
(2) Subject to division (E) of this section, the city will only secure a vacant building if the Council adopts a resolution (a) finding the building is: vacant and unoccupied, hazardous due to the fact it is open to trespass and has not been secured, and could be made safe by securing it; and (b) ordering the building be secured. During the meeting at which the Council considers adopting such a resolution, the individual property shall not be referred to by its specific address to avoid encouraging vandalism of the real property.
(B) Notice. The Council shall cause notice of the order to be served upon the owner of record of the premises or the owner’s agent, the taxpayer identified in the property tax records for that parcel, the holder of the mortgage or sheriff’s certificate, and any neighborhood association for the neighborhood in which the building is located that has requested notice, by delivering or mailing a copy to the owner or agent, the identified taxpayer, the holder of the mortgage or sheriff’s certificate, and the neighborhood association, at the last known address. Service by mail is complete upon mailing.
(1) The notice shall include a statement that:
(a) Informs the property owner and the holder of any mortgage or sheriff’s certificate of the requirements of M.S. § 463.251 and that costs may be assessed against the real property if they do not secure the building or structure;
(b) Informs the property owner and the holder of any mortgage or sheriff’s certificate that the person requesting a hearing before the Council challenging the determination that the property is vacant or unoccupied or hazardous; and
(c) Notifies the holder of any sheriff’s certificate of the holder’s duty under M.S. § 582.031 to enter the premises to protect the premises from waste and trespass if the order is not challenged or set aside and there is prima facie evidence of abandonment of the property.
(C) Right of entry. If the owner of the building fails to either comply or provide to the city a reasonable plan and schedule to comply with an order issued under division (A) of this section within 6 days after the order is served, the Council shall cause the building to be properly secured. City staff or agents may enter upon private property at reasonable hours to secure the building after having provided the notice described in division (B) of this section. The cost of securing the building may be assessed against the real property pursuant to division (D) of this section.
(D) Lien upon property. The cost of securing the building may be charged against the real property using the process described in M.S. § 463.21. The city may work with neighborhood associations to develop and implement plans to secure vacant buildings in a timely and cost-effective fashion. The city may use rehabilitation and revitalization funds in implementing this section.
(E) Emergency securing. If a building becomes vacant or unoccupied and is deemed by the City Administrator or designee to present an immediate danger to the health and safety of persons in the community, the City Administrator or designee may order the building be immediately secured without following the procedure described in divisions (A) and (B) of this section. The cost of securing the building may be assessed against the real property pursuant to division (D) of this section.
(Ord. 2008-006, passed 11-17-2008; Am. Ord. 2020-06, passed 10-19-2020)