Bill Text: MN HF2438 | 2013-2014 | 88th Legislature | Introduced
Bill Title: Building code; persons with building code fee disputes appeal process provided.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2014-02-27 - Introduction and first reading, referred to Civil Law [HF2438 Detail]
Download: Minnesota-2013-HF2438-Introduced.html
1.2relating to building code; providing for an appeal process for persons with
1.3building code fee disputes;amending Minnesota Statutes 2012, section 462.353,
1.4subdivision 4.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2012, section 462.353, subdivision 4, is amended to read:
1.7 Subd. 4. Fees. (a) A municipality may prescribe fees sufficient to defray the
1.8costs incurred by it in reviewing, investigating, and administering an application for an
1.9amendment to an official control established pursuant to sections462.351 to
462.364 or an
1.10application for a permit or other approval required under an official control established
1.11pursuant to those sections. Except as provided in subdivision 4a, fees as prescribed must
1.12be by ordinance. Fees must be fair, reasonable, and proportionate and have a nexus to
1.13the actual cost of the service for which the fee is imposed.
1.14(b) A municipality must adopt management and accounting procedures to ensure
1.15that fees are maintained and used only for the purpose for which they are collected. Upon
1.16request, a municipality must explain the basis of its fees.
1.17(c) Except as provided in this paragraph, a fee ordinance or amendment to a fee
1.18ordinance is effective January 1 after its adoption. A municipality may adopt a fee
1.19ordinance or an amendment to a fee ordinance with an effective date other than the next
1.20January 1, but the ordinance or amendment does not apply if an application for final
1.21approval has been submitted to the municipality.
1.22(d) If a dispute arises over a specific fee imposed by a municipality related to a
1.23specific application, or specific fee imposed by section 326B.153, the person aggrieved
1.24by the fee may appeal under section462.361 , provided that the appeal must be brought
2.1within 60 days after approval of an application under this section and deposit of the fee
2.2into escrow. A municipality must not condition the approval of any proposed subdivision
2.3or development on an agreement to waive the right to challenge the validity of a fee.
2.4An approved application may proceed as if the fee had been paid, pending a decision
2.5on the appeal. This paragraph must not be construed to preclude the municipality from
2.6conditioning approval of any proposed subdivision or development on an agreement to
2.7waive a challenge to the cost associated with municipally installed improvements of the
2.8type described in section429.021 .
1.3building code fee disputes;amending Minnesota Statutes 2012, section 462.353,
1.4subdivision 4.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2012, section 462.353, subdivision 4, is amended to read:
1.7 Subd. 4. Fees. (a) A municipality may prescribe fees sufficient to defray the
1.8costs incurred by it in reviewing, investigating, and administering an application for an
1.9amendment to an official control established pursuant to sections
1.10application for a permit or other approval required under an official control established
1.11pursuant to those sections. Except as provided in subdivision 4a, fees as prescribed must
1.12be by ordinance. Fees must be fair, reasonable, and proportionate and have a nexus to
1.13the actual cost of the service for which the fee is imposed.
1.14(b) A municipality must adopt management and accounting procedures to ensure
1.15that fees are maintained and used only for the purpose for which they are collected. Upon
1.16request, a municipality must explain the basis of its fees.
1.17(c) Except as provided in this paragraph, a fee ordinance or amendment to a fee
1.18ordinance is effective January 1 after its adoption. A municipality may adopt a fee
1.19ordinance or an amendment to a fee ordinance with an effective date other than the next
1.20January 1, but the ordinance or amendment does not apply if an application for final
1.21approval has been submitted to the municipality.
1.22(d) If a dispute arises over a specific fee imposed by a municipality related to a
1.23specific application, or specific fee imposed by section 326B.153, the person aggrieved
1.24by the fee may appeal under section
2.1within 60 days after approval of an application under this section and deposit of the fee
2.2into escrow. A municipality must not condition the approval of any proposed subdivision
2.3or development on an agreement to waive the right to challenge the validity of a fee.
2.4An approved application may proceed as if the fee had been paid, pending a decision
2.5on the appeal. This paragraph must not be construed to preclude the municipality from
2.6conditioning approval of any proposed subdivision or development on an agreement to
2.7waive a challenge to the cost associated with municipally installed improvements of the
2.8type described in section
