|
verty;
<br />63.21
<br />n not
<br />~1 per
<br />
<br />refor;
<br />:; and
<br />:e dis-
<br />~nless
<br />rl sec-
<br />
<br />)r the
<br />cupy-
<br />vialed
<br /> shall
<br />there
<br />ation
<br />Japer
<br />
<br />h the
<br />ng or
<br />3 SeC-
<br />shall
<br />ten
<br />nlm.
<br />days
<br />
<br />989
<br />
<br />'fred
<br />civil
<br />
<br />nenl
<br /> evi-
<br />agly,
<br /> the
<br />)rth-
<br />
<br />ings
<br />lrtS,
<br />rth-
<br />
<br />959 BUILDING LINE EASEMENTS4 BUILDING REGULA'FIONS~ AND HAZARDOUS BUILDINGS 463.23
<br />
<br /> with. If the order is sustained following the trial, the court shall enter judgment and
<br /> shall fix a time after which the building must be destroyed or repaired or the hazardous
<br /> condition removed or corrected, as the case may be, in compliance with the order as,
<br /> originally filed or modified by the court. If the order is not sustained, it shall be annulled
<br /> and set aside. The court administrator of the court shall cause a copy of the judgment
<br /> to be mailed forthwith to the persons upon whom the original order was served.
<br /> History: 1965 c 393 s 6; ISp1986 c 3 art I s 82; 1989 c 328 art 6 s 10
<br />
<br />· 463.21 ENFORCEMENT OF JUDGMENT.
<br /> Ifa judgment is not complied with in the time prescribed, the governing body may
<br />cause the building to be repaired, razed, or removed or the hazardous condition to be
<br />removed or corrected as set forth in the judgment, or acquire the building, if any, and
<br />real estate on which the building or hazardous condition is located by eminent domain
<br />as provided in section 463.152. The cz)st of the repairs, razing, correction, or removal
<br />may be: a lien against the real estate on which the building is located or the haTardous
<br />condition exists, or recovered by obtaining a judgment against the owner of the real
<br />estate on which the building is located or the hazardous condition exists. A lien may
<br />be levied and collected only as a special assessment in the manner provided by Minne-
<br />sota Statutes 1961, sections 429.061 to 429.081, but the assessment is payable in a sin-
<br />gle installment. When the building is razed or removed by the municipality, the
<br />governing body may sell the salvage and valuable materials at public auction upon three
<br />days' posted notice.
<br />
<br /> History: 1965 c 393 s 7:1974 c 341 s 4; 1989 c 328 art 3 s 3
<br />
<br />463.22 STATEMENT OF MONEYS RECEIVED.
<br /> The municipality shall keep an accurate account of the expenses incurred in carry-
<br />ing out the order and of all other expenses theretofore incurred in connection with its
<br />enforcement, including specifically, but not exclusively, filing fees, serv/ce fees, publica-
<br />tion fees, attorney's fees, appraisers' fees, witness fees, including expert witness fees,
<br />and traveling expenses incurred by the municipality from the time the order was origi-
<br />nally made, and shall credit thereon the amount, if any, received from the sale of the
<br />salvage, or building or structure, and shall report its action under the order, with a state-
<br />ment of moneys received and expenses incurred to the court for approval and allow-
<br />ance. Thereupon the court shall examine, correct, if necessary, and allow the expense
<br />account, and, if the amount received from the sale of the salvage, or of the building or
<br />structure, does not equal or exceed the amount of expenses as anowed; the court shall
<br />by its judgment certify the deficiency in the amount so allowed to the municipal clerk
<br />for collection. The owner or other party in interest shall pay the same, without penalty
<br />added thereon, and in default of payment by October 1, the clerk shall certify the
<br />amount of the expense to the county auditor for entry on the tax lists of the county as
<br />a special charge against the real estate on which the building or ha?ardous condition
<br />is or was situated and the same shall be collected in the same manner as other taxes
<br />and the amount so collected shall be paid into the municipal treasury. If the amount
<br />received for the sale of the salvage or of the building or structure exceeds the expense
<br />incurred by the municipality as allowed by the court, and if there are no' delinquent
<br />taxes, the court shall direct the payment of the surplus to the owner or the payment of
<br />the same into court, as provided in sections 463.15 to 463.26. If there are delinquent
<br />taxes against the property, the court shall direct the payment of the surplus to the
<br />county treasurer to be applied on such taxes.
<br />
<br /> History: 1965 c 393 s 8; 1974 c 329 s I; 1989 c 328 art 6 s II
<br />
<br />463.23 PASqVIENT, TENDER, DEPOSIT IN COURT.
<br /> The net proceeds of a sale under section 463.21 or section 463.24 shall be paid to
<br />persons designated in the judgment in the proportions as their interests shall appear
<br />therein. Acceptance of such payment shall be taken as a waiver of all objections to the
<br />payment and to the proceedings leading thereto on the pan of the payee and of all per-
<br />
<br />
<br />
|