Over on Maple Lane there is a house that no one lives in. Maybe it has been foreclosed? Maybe it is a rental that no one wants to rent? It could be any number of things. But one thing that is certain is that when the people left, they did not secure the house. The front door is open. The windows are uncovered and some have been broken. I have seen kids coming and going doing who knows what inside. A couple of times at night I thought I saw lights like someone was staying in there. Once I thought I even saw someone taking a large bundle of something from the house. Apparently the owners are not going to secure the building, so who will?
One option may be for the city to step in and see to it that the building is secured. Minnesota Statute § 463.251 provides a process by which a city can secure a building that is considered hazardous because it is open to trespass and has not been secured. The statute spells out the process to follow and an ordinance is not required to use this process. (See the Dangerous Properties memo for more information.) However, an ordinances is required if the city wants to be able to secure buildings when it presents an immediate danger to the health and safety of persons in the community (e.g. “emergency securing”).
Oftentimes when a city adopts an ordinance that allows for emergency securing of buildings, the ordinance also duplicates the language in state law. It is helpful to spell out who can determine that an emergency exists and the process that will be followed. Here is what the League’s Sample Ordinance Regarding Securing of Vacant Buildings says:
SECTION 4. EMERGENCY SECURING OF VACANT BUILDINGS
Pursuant to Minn. Stat. § 463.251, subd. 4, when the city building official, police chief, or fire chief determines that an emergency exists with respect to the health or safety of persons in the community and immediate boarding and securing of a building is required, and where immediate danger will exist to children, transients, or others members of the community without the immediate boarding or securing of the building, the building official, police chief, or fire chief may waive all notice requirements herein and immediately board or otherwise secure the building, provided that:
(1) The conditions showing the existence of an emergency are documented in writing by the building official, police chief, fire chief, or their designees.
(2) Notice is mailed immediately by the department invoking this Section to the owner of record of the premises, the taxpayer identified in the property tax records for the 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.
The model ordinance includes the statutory definitions of “neighborhood association” and “secure,” as well as additional definitions for “unoccupied building,” “unsecured building,” and “vacant building.” These additional definitions are intended to help the city determine when a building is unoccupied, unsecured, or vacant. Having a set definition helps to minimize arbitrary or inconsistent application.
If you already have an ordinance on the books, it is a good idea to review it if you haven’t done so in the last year or so. There were some sizable changes made in 2009 and you want to make sure that your ordinance includes these changes so that it is consistent with state law.
In 2009, Minnesota Statute § 463.251, subd. 2 was amended to include specific information that must be included in the notice that is served on the owner and other specified people. The required written notice must include a statement that:
(1) Informs the owner and the holder of any mortgage or sheriff’s certificate of the requirements that the owner or holder of the certificate has six days to comply with the order or provide the council with a reasonable plan and schedule to comply with the order and that costs may be assessed against the property if the person does not secure the building.
(2) informs the owner and the holder of any mortgage or sheriff's certificate that, within 14 days of the order being served, the person may request a hearing before the governing body challenging the governing body's determination that the property is vacant or unoccupied and hazardous; and
(3) notifies the holder of any sheriff's certificate of the holder's duty under Minnesota Statute § 582.031, subd. 1(b) , to enter the premises to protect it from waste and trespass if the order is not challenged or set aside and there is prima facie evidence of abandonment of the property as described in Minnesota Statute § 582.032, subd. 7.
A couple of other minor changes were made:
· The holder of the sheriff’s certificate of sale has the right to comply with the order or give the council a plan and schedule to comply with the order.
· The right to request a hearing on the order was also added.
· The time line to comply, offer a plan, or request a hearing went from six to fourteen days. In 2010, the legislature went back and changed the time line again, this time from fourteen back to six days.
The League’s sample ordinance includes the law changes from both 2009 and 2010. For more information, please check out the League’s memo “Dangerous Properties.” The subject will also be covered in a session about foreclosed properties in the League's spring Safety and Loss Control Workshops.
No comments:
Post a Comment