Agenda - Planning Commission - 04/04/2013

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RELEVANT LINKS: Minn. Stat. § 412.221, subd. 23. Minn. Stat. § 561.01. See LMC Information Memo, Public Nuisances. Wessman v. Mankato, No. A08 -0273 (Minn. Ct. App. 2008)(unpublished decision). Minn. Stat. § 463.15. See LMC Information Memo, Dangerous Properties. For more information on city acquisition of property see the LMC Information Memo, Purchase and Sale of Real Property. Minn. Stat. § 282.01. City of St Paul v State, 754 NW 2d 386, (Minn. Ct. App. 2008). 2. Nuisance ordinances With or without zoning, cities may prevent and abate nuisances through the passage of a local ordinance that defines nuisances and provides for their regulation, prevention and /or abatement. Generally a "nuisance" is anything that is injurious to health, indecent or offensive to the senses, or an obstruction to the free use of property so as to interfere with the comfortable enjoyment of life or property. 3. Property maintenance ordinances Cities may choose to deal with the specific nuisance posed by dilapidated buildings through the adoption of a property maintenance ordinance. Such ordinances typically establish standards for exterior maintenance related to painting, siding, roofing and broken windows. City property maintenance ordinances should be drafted and enforced in a manner that is consistent with the State Building Code. Property maintenance ordinances should generally not attempt to regulate construction issues already regulated by the State Building Code, because such regulation may be pre - empted. 4. Hazardous and Substandard Buildings Act Cities that have not adopted a local ordinance regarding nuisances or property maintenance may still abate the public safety threat posed by dangerous dilapidated buildings through the Hazardous and Substandard Building Act in state statute The Hazardous Buildings Act allows cities to order landowners to abate (through repair or razing) hazardous conditions on their property or to abate hazardous conditions itself and then seek compensation for the property owner. D. City land acquisition Cities may also control development through the planned acquisition, development and potentially the resale of land by the city itself. Through purchase and acquisition programs cities can acquire the land they need for present and future public purposes such as parks, streets, public buildings, such as police and fire halls, and to reserve land for future residential and commercial development. Cities may also acquire land through the tax forfeiture process. League of Minnesota Cities Information Memo: 9/10/2012 Zoning Guide for Cities Page 47