5.12. SR 06-03-1996 - Laserfiche WebLink

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463.161 BUILDING LINE EASEMENTS; BUILDING REGULATIONS; AND HAZARDOUS BUILDINGS 958 463.161 ABATEMENT. In the manner prescribed in section 463.21 the governing body of any city or town may correct or remove the hazardous condition of any hazardous building or property; the cost of which shall be charged against the real estate as provided in section 463.21 except the governing body may provide that the cost so assessed may be paid in not to exceed five equal annual installments with interest therein, at eight percent per annum. History: 1974 c 341 s 2; 1989 c 328 art 6 s 8 463.17 THE ORDER. Subdivision 1. Contents. The order shall be in writing; recite the grounds therefor; specify the necessary repairs, if any, and provide a reasonable time for compliance; and shall state that a motion for summary enforcement of the order will be made to the dis- trict court of the county in which the hazardous building or property is situated unless corrective action is taken, or unless an answer is filed within the time specified in sec- tion 463.18. Subd. 2. Service. The order shall be served upon the owner of record, or the owner's agent if an agent is in charge of the building or property, and upon the occupy- ing tenant, if there is one, and upon all lien holders of record, in the manner provided for service of a summons in a civil action. If the owner cannot be found, the order shall be served upon the owner by posting it at the main entrance to the building or, if there is no building, in a conspicuous place on the property, and by four weeks' publication in the official newspaper of the municipality if it has one, otherwise in a legal newspaper in the county. Subd. 3. Filing. A copy of the order with proof of service shall be filed with the court administrator of district court of the couniy in which the hazardous building or property is located not less than five days prior to the filing ora motion pursuant to sec- tion 463.19 to enforce the order. At the time of filing such order the municipality shall file for record with the county recorder or registrar of titles a notice of the pendency of the proceeding, describing with reasonable certainty the lands affected and the nature of the order. If the proceeding be abandoned the municipality shall within ten days thereafter file with the county recorder a notice to that effect. History: 1965 c 393 s 3; 1976 c 181 s 2; 1986 c 444; 1Sp1986 c 3 art 1 s 82; 1989 c 328 art 6 s 9 463.18 ANSWER. Within 20 days from the date of service, any person upon whom the order is served may serve an answer in the manner provided for the service of an answer in a civil action, specifically denying such facts in the order as are in dispute. History: 1965 c 393 s 4 463.19 DEFAULT CASES. If no answer is served, the governing body may move the court for the enforcement of the order. If such a motion is made the court may, upon the presentation of such evi- dence as it may require, affirm or modify the order and enter judgment accordingly, fixing a time after which the governing body may proceed with the enforcement of the order. The court administrator shall cause a copy of the judgment to be mailed forth- with to persons upon whom the original order was served. History: 1965 c 393 s 5; 1Sp1986 c 3 art 1 s 82 463.20 CONTESTED CASES. If an answer is filed and served as provided in section 463.18, further proceedings in the action shall be governed by the Rules of Civil Procedure for the District Courts, except that the action has priority over all pending civil actions and shall be tried forth- 959 BUll with. If shall fix~ conditio originall and set ~ to be m~ Hist 463.21 Ifa cause th~ removed real esta~ as provk may be:~ conditio~ estate or be levied sota Stat gle insta governin days' po Hist 463.22: The ing out t enforcen tion fees and trav nally ma salvage, ~ ment of ance. Th account, structur( by its ju, for colle~ added tt amount, a special is or wa,, and the received incurred taxes, th the sam~ taxes ag county t His 463.23 Thc persons therein. paymen