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7 <br />MINNESOTA STATUTES 2020 463.251 <br />463.25 HAZARDOUS EXCAVATIONS. <br />If in any municipality, an excavation for building purposes is left open for more than six months without <br />proceeding with the erection of a building thereon, whether or not completed, or if any excavation or basement <br />is not filled to grade or otherwise protected after a building is destroyed, demolished or removed, the <br />governing body may order such excavation to be filled or protected or in the alternative that erection of a <br />building begin forthwith if the excavation is for building purposes. The order shall be served upon the owner <br />or the owner's agent in the manner provided by section 463.17. If the owner of the land fails to comply with <br />the order within 15 days after the order is served, the governing body shall cause the excavation to be filled <br />to grade or protected and the cost shall be charged against the real estate as provided in section 463.21. <br />History: 1965 c 393 s 11; 1973 c 123 art 5 s 7; 1986 c 444; 2004 c 147 s 6 <br />463.251 SECURING VACANT BUILDINGS. <br />Subdivision 1. Definitions. The following terms have the meanings given them for the purposes of this <br />section. <br />(a) "City" means a statutory or home rule charter city. <br />(b) "Neighborhood association" means an organization recognized by the city as representing a <br />neighborhood within the city. <br />(c) "Secure" may include, but is not limited to, installing locks, repairing windows and doors, boarding <br />windows and doors, posting "no -trespassing" signs, installing exterior lighting or motion -detecting lights, <br />fencing the property, and installing a monitored alarm or other security system. <br />Subd. 2. Order; notice. (a) If in any city a building becomes vacant or unoccupied and is deemed <br />hazardous due to the fact that the building is open to trespass and has not been secured and the building <br />could be made safe by securing the building, the governing body may order the building secured and shall <br />cause notice of the order to be served upon the owner of record of the premises or the owner's agent, the <br />taxpayer identified in the property tax records for that parcel, the holder of the mortgage or sheriffs certificate, <br />and any neighborhood association for the neighborhood in which the building is located that has requested <br />notice, by delivering or mailing a copy to the owner or agent, the identified taxpayer, the holder of the <br />mortgage or sheriffs certificate, and the neighborhood association, at the last known address. Service by <br />mail is complete upon mailing. <br />(b) The notice under this subdivision must include a statement that: <br />(1) informs the owner and the holder of any mortgage or sheriffs certificate of the requirements of <br />subdivision 3 and that costs may be assessed against the property if the person does not secure the building; <br />(2) informs the owner and the holder of any mortgage or sheriff s certificate that the person may request <br />a hearing before the governing body challenging the governing body's determination that the property is <br />vacant or unoccupied and hazardous; and <br />(3) notifies the holder of any sheriffs certificate of the holder's duty under section 582.031, subdivision <br />1, paragraph (b), to enter the premises to protect the premises from waste and trespass if the order is not <br />challenged or set aside and there is prima facie evidence of abandonment of the property as described in <br />section 582.032, subdivision 7. <br />Subd. 3. Securing building by city; lien. If the owner of the building or a holder of the sheriffs certificate <br />of sale fails to either comply or provide to the governing body a reasonable plan and schedule to comply <br />Official Publication of the State of Minnesota <br />Revisor of Statutes <br />