5.1 PCSR 07-26-2016 - Laserfiche WebLink

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Temporary Family HealthCare Dwellings June 27, 2016 Page 6 However,unless otherwise provided, setbacks and other local ordinances, charter provisions, and applicable state laws still apply. Because conflicts may arise between the statute and one or more of the city's other local ordinances, cities should confer with their city attorneys to analyze their current ordinances in light of the new law. What permit process should cities follow for these permits? The law creates a new type of expedited permit process. The permit approval process found in Minn. Stat. § 15.99 generally applies; however, the new law shortens the time frame within which the local governmental unit can make a decision on the permit. Due to the time sensitive nature of issuing a temporary dwelling permit,the city does not have to hold a public hearing on the application and has only 15 days (rather than 60 days)to either issue or deny a permit. For those councils that regularly meet only once a month,the law provides for a 30-day decision. The law specifically prohibits cities from extending the time for making a decision on the permit application. The new law allows the clock to restart if a city deems an application incomplete,but the city must provide the applicant written notice within five business days of receipt of the application identifying the missing information. Can cities collect fees for these permits? Cities have flexibility as to amounts of the permit fee. The law sets the fee at$100 for the initial permit with a$50 renewal fee,unless a city provides otherwise by ordinance Can cities inspect, enforce and ultimately revoke these permits? Yes,but only if the permit holder violates the requirements of the law. The statute allows for the city to require the permit holder to provide evidence of compliance and also authorizes the city to inspect the temporary dwelling at times convenient to the caregiver to determine compliance. The permit holder then has sixty(60)days from the date of revocation to remove the temporary family health care dwelling. The law does not address appeals of a revocation. How should cities handle data it acquires from these permits? The application data may result in the city possessing and maintaining nonpublic data governed by the Minnesota Government Data Practices Act. To minimize collection of protected heath data or other nonpublic data, the city could, for example,request that the required certification of need simply state"that the person who will reside in the temporary family health care dwelling needs assistance with two or more instrumental activities of daily living",without including in that certification data or information about the specific reasons for the assistance,the types of assistance,the medical conditions or the treatment plans of the person with the mental illness or physical disability. Because of the complexities surrounding nonpublic data, cities should consult their city attorneys when drafting a permit application. Should the city consult its city attorney? Yes.As with any new law,to determine the potential impact on cities,the League recommends consulting with your city attorney.