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9.1. SR 09-20-2021
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9.1. SR 09-20-2021
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Subd. 3. Filing. A copy of the order with proof of service shall be filed with the court <br />administrator of district court of the county in which the hazardous building or property is <br />located not less than five days prior to the filing of a motion pursuant to section 463.19 to <br />enforce the order. At the time of filing such order the municipality shall file for record with <br />the county recorder or registrar of titles a notice of the pendency of the proceeding, describing <br />with reasonable certainty the lands affected and the nature of the order. If the proceeding be <br />abandoned the municipality shall within ten days thereafter file with the county recorder a <br />notice to that effect. <br />463.18 ANSWER. Within 20 days from the date of service, any person upon whom the order is <br />served may serve an answer in the manner provided for the service of an answer in a civil action, <br />specifically denying such facts in the order as are in dispute. <br />463.19 DEFAULT CASES. If no answer is served, the governing body may move the court for <br />the enforcement of the order. If such a motion is made the court may, upon the presentation of <br />such evidence as it may require, affirm or modify the order and enter judgment accordingly, fixing <br />a time after which the governing body may proceed with the enforcement of the order. The court <br />administrator shall cause a copy of the judgment to be mailed forthwith to persons upon whom the <br />original order was served. <br />463.20 CONTESTED CASES. If an answer is filed and served as provided in section 463, , <br />further proceedings in the action shall be governed by the Rules of Civil Procedure for the District <br />Courts, except that the action has priority over all pending civil actions and shall be tried forthwith. <br />If the order is sustained following the trial, the court shall enter judgment and shall fix a time after <br />which the building must be destroyed or repaired or the hazardous condition removed or corrected, <br />as the case may be, in compliance with the order as originally filed or modified by the court. If the <br />order is not sustained, it shall be annulled and set aside. The court administrator of the court shall <br />cause a copy of the judgment to be mailed forthwith to the persons upon whom the original order <br />was served. <br />463.21 ENFORCEMENT OF JUDGMENT. If a judgment is not complied with in the time <br />prescribed, the governing body may cause the building to be repaired, razed, or removed or the <br />hazardous condition to be removed or corrected as set forth in the judgment, or acquire the <br />building, if any, and real estate on which the building or hazardous condition is located by eminent <br />domain as provided in section 463.152. The cost of the repairs, razing, correction, or removal may <br />be: a lien against the real estate on which the building is located or the hazardous condition exists, <br />or recovered by obtaining a judgment against the owner of the real estate on which the building is <br />located or the hazardous condition exists. A lien may be levied and collected only as a special <br />assessment in the manner provided by Minnesota Statutes 1961, sections 429.061 to 429.081, but <br />the assessment is payable in a single installment. When the building is razed or removed by the <br />municipality, the governing body may sell the salvage and valuable materials at public auction <br />upon three days' posted notice. <br />
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