Bill Text: MN HF2988 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Housing and vacant building fees and charges limited, hazardous buildings municipal ordinances preempted, and Citizen Housing Review Board created.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-04-02 - Introduction and first reading, referred to Government Operations and Elections [HF2988 Detail]
Download: Minnesota-2011-HF2988-Introduced.html
1.2relating to local government; limiting fees and charges related to housing and
1.3vacant buildings; preempting municipal ordinances on hazardous buildings;
1.4creating a Citizen Housing Review Board;amending Minnesota Statutes 2010,
1.5sections 429.101, subdivision 1; 462.3612, subdivision 2; proposing coding for
1.6new law in Minnesota Statutes, chapters 463; 471; repealing Minnesota Statutes
1.72010, section 463.26.
1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.9 Section 1. Minnesota Statutes 2010, section 429.101, subdivision 1, is amended to read:
1.10 Subdivision 1. Ordinances. (a) In addition to any other method authorized by
1.11law or charter, the governing body of any municipality may provide for the collection
1.12of unpaid special charges as a special assessment against the property benefited for all
1.13or any part of the cost of:
1.14 (1) snow, ice, or rubbish removal from sidewalks;
1.15 (2) weed elimination from streets or private property;
1.16 (3) removal or elimination of public health or safety hazards from private property,
1.17excluding any structure included under the provisions of sections463.15 to
463.26 ;
1.18 (4) installation or repair of water service lines, street sprinkling or other dust
1.19treatment of streets;
1.20 (5) the trimming and care of trees and the removal of unsound trees from any street;
1.21 (6) the treatment and removal of insect infested or diseased trees on private property,
1.22the repair of sidewalks and alleys;
1.23 (7) the operation of a street lighting system;
1.24 (8) the operation and maintenance of a fire protection or a pedestrian skyway system;
1.25 (9) inspections relating to a municipal housing maintenance code violation; or
2.1 (10) the recovery of any disbursements under section504B.445, subdivision 4 ,
2.2clause (5), including disbursements for payment of utility bills and other services, even
2.3if provided by a third party, necessary to remedy violations as described in section
2.4504B.445, subdivision 4
, clause (2); or.
2.5 (11) [Repealed, 2004 c 275 s 5]
2.6(12) the recovery of delinquent vacant building registration fees under a municipal
2.7program designed to identify and register vacant buildings.
2.8 (b) The council may by ordinance adopt regulations consistent with this section to
2.9make this authority effective, including, at the option of the council, provisions for placing
2.10primary responsibility upon the property owner or occupant to do the work personally
2.11(except in the case of street sprinkling or other dust treatment, alley repair, tree trimming,
2.12care, and removal, or the operation of a street lighting system) upon notice before the work
2.13is undertaken, and for collection from the property owner or other person served of the
2.14charges when due before unpaid charges are made a special assessment.
2.15(c) A home rule charter city, statutory city, county, or town operating an energy
2.16improvements financing program under section216C.436 has the authority granted to a
2.17municipality under paragraph (a) with respect to energy improvements financed under
2.18that section.
2.19 Sec. 2. Minnesota Statutes 2010, section 462.3612, subdivision 2, is amended to read:
2.20 Subd. 2. Conditions; contents. (a) When there is an increased housing fiscal
2.21impact resulting from the adoption or amendment of an official control, the responsible
2.22municipality may prepare a housing fiscal impact note prior to the public hearing on the
2.23proposed adoption or amendment of an official control.
2.24(b) The housing fiscal impact note may:
2.25(1) estimate in dollar amounts the increase or decrease in the costs as a result of
2.26the municipal proposed action;
2.27(2) specify long-range implications of the proposed action;
2.28(3) describe appropriate alternatives to the proposed action; and
2.29(4) discuss the rationale for the proposed change.
2.30 Sec. 3. [463.265] VACANT BUILDING; REGISTRATION AND COMPLIANCE
2.31FEES.
2.32(a) A statutory or home rule charter city, or an agency of the city, may require
2.33payment of a onetime fee of up to $1,000 for the identification or registration of ownership
2.34of a vacant building. The city or agency must not, by ordinance or otherwise, require
3.1payment of an annual fee for identification or registration of ownership of a vacant
3.2building. A delinquent registration or ownership fee may be included as a line item on
3.3the closing documents to be paid by the seller and distributed to the city at the time of
3.4closing of the sale.
3.5(b) The fee required by a statutory or home rule charter city, or an agency of the city,
3.6for any inspection or code compliance reports required to obtain approval for the sale of a
3.7vacant building pursuant to a purchase agreement must not exceed the reasonable cost of
3.8providing the service and may be included as a line item on the closing documents to be
3.9paid by the seller and distributed to the city at the time of closing of the sale.
3.10 Sec. 4. [463.27] LOCAL ACTS AND CHARTER PROVISIONS.
3.11The legislature preempts all authority of a municipality to regulate hazardous
3.12buildings under sections 463.15 to 463.26 unless otherwise explicitly authorized by law.
3.13A municipality may adopt an ordinance that is identical to state law. Local regulation
3.14inconsistent with this section is void.
3.15 Sec. 5. [471.9998] RENTAL FEES.
3.16 Subdivision 1. Definitions. (a) "Dwelling" means an area meant for living or
3.17sleeping by human occupants.
3.18(b) "Municipality" means any county or home rule or charter city.
3.19(c) "Residential building" means a building used in whole or in part as a dwelling,
3.20including single-family homes and multiple-family units, either rental or owner-occupied.
3.21 Subd. 2. Fees prohibited. (a) A municipality must not impose a charge or fee
3.22related to the conversion of an owner-occupied dwelling or owner-occupied residential
3.23building to a rental dwelling or rental residential building.
3.24(b) A municipality must not impose a charge or fee related to the change of
3.25ownership of a rental dwelling or rental residential building.
3.26(c) A municipality must not impose a charge or fee for an inspection related only
3.27to the conversion of a property or change in ownership. A city may perform inspections
3.28pursuant to a local ordinance and impose a fee or charge if the inspection is not triggered
3.29by the conversion of a property or a change in ownership.
3.30(d) A municipality must not impose a charge or fee for reinstating a rental license
3.31to an individual whose rental license has been denied, revoked, or suspended by the
3.32municipality.
3.33(e) A municipality may impose a rental license charge or fee pursuant to a local
3.34ordinance. The rental license charge or fee must be directly related to services provided
4.1by the city. In setting the license fee, the municipality shall not include any amount
4.2attributable to conversion, change in ownership, or inspections.
4.3 Sec. 6. [471.9999] CITIZEN HOUSING REVIEW BOARD.
4.4 Subdivision 1. Definitions. (a) For purposes of this section, the terms defined in
4.5this subdivision have the meanings given.
4.6(b) "Board" means the Citizen Housing Review Board.
4.7(c) "Dwelling" means an area meant for living or sleeping by human occupants.
4.8(d) "Governing body" means the city council or county board of the entity that
4.9created the board.
4.10(e) "Municipality" means any county or any home rule or charter city.
4.11(f) "Residential building" means a building used in whole or in part as a dwelling,
4.12including single-family homes and multiple-family units, either rental or owner-occupied.
4.13(g) "State or federal funding" means any funds from the state or federal government
4.14in any form, including grants, forgivable loans, loans, or matching funds, for housing or
4.15housing-related purposes.
4.16 Subd. 2. Established. Any municipality that receives state or federal funding for the
4.17purpose of constructing, improving, or remodeling residential structures shall establish,
4.18by ordinance, a Citizen Housing Review Board pursuant to this section. The enabling
4.19ordinance must provide for the number of members and the entities to be represented,
4.20consistent with subdivision 3. The enabling ordinance may provide for additional duties
4.21but must not be less restrictive than or conflict with this section.
4.22 Subd. 3. Members. The board shall consist of at least five members appointed
4.23by the mayor or the chair of the county board. The members shall include at least one
4.24representative from each of the following groups: tenants, landlords, general contractors,
4.25real estate investors, and underrepresented minorities. Each member shall serve for a term
4.26of four years, except that when the board is established, approximately one-half of the
4.27members shall serve a two-year term. The members shall serve without compensation.
4.28The members are not required to be residents of the municipality unless required by
4.29the enabling ordinance.
4.30 Subd. 4. Board scope; duties. (a) The board is advisory in nature and shall have no
4.31enforcement authority. The board shall report to the governing body of the municipality.
4.32(b) The board shall review and comment on all actions, programs, and projects
4.33of the municipality that:
4.34(1) improve or enhance existing housing stock;
4.35(2) reduce the existing housing stock;
5.1(3) create, or have the appearance of creating, barriers to affordable housing; or
5.2(4) affect, in any way, affordable housing in the community.
5.3(c) The board shall review and comment on all records, reports, and other documents
5.4that are housing-related that are prepared by the municipality pursuant to state or federal
5.5law.
5.6(d) To the extent possible, the board shall ensure that all applicable state and federal
5.7laws are followed by the municipality.
5.8 Subd. 5. Municipality duties. (a) The municipality shall provide access to records
5.9of the municipality that are necessary to the work of the board.
5.10(b) The municipality shall submit reports to the board of any actions within the
5.11scope of subdivision 4 once per month or after each regular meeting of the governing
5.12body, whichever is more frequent.
5.13(c) When the municipality must submit a report, application, or other document to
5.14the state or federal government regarding housing, whenever possible, the municipality
5.15must provide the report, application, or other document to the board prior to submission so
5.16that the board may review and comment.
5.17 Subd. 6. Open meetings; data. (a) The meetings of the board are subject to the
5.18requirements of chapter 13D.
5.19(b) All data received or created by the board is governed by chapter 13. Any data
5.20that is received by the board retains the classification that it had under the providing entity.
5.21 Subd. 7. Terminating board. If the municipality does not anticipate receiving any
5.22state or federal funding for housing or housing-related purposes, the governing body may
5.23abolish the board by repealing the enabling ordinance. In the event that the municipality
5.24will again receive state or federal funding, the municipality shall reestablish the board
5.25pursuant to this section.
5.26 Sec. 7. REPEALER.
5.27Minnesota Statutes 2010, section 463.26, is repealed.
5.28 Sec. 8. EFFECTIVE DATE.
5.29Sections 1 to 7 are effective January 1, 2013.
1.3vacant buildings; preempting municipal ordinances on hazardous buildings;
1.4creating a Citizen Housing Review Board;amending Minnesota Statutes 2010,
1.5sections 429.101, subdivision 1; 462.3612, subdivision 2; proposing coding for
1.6new law in Minnesota Statutes, chapters 463; 471; repealing Minnesota Statutes
1.72010, section 463.26.
1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.9 Section 1. Minnesota Statutes 2010, section 429.101, subdivision 1, is amended to read:
1.10 Subdivision 1. Ordinances. (a) In addition to any other method authorized by
1.11law or charter, the governing body of any municipality may provide for the collection
1.12of unpaid special charges as a special assessment against the property benefited for all
1.13or any part of the cost of:
1.14 (1) snow, ice, or rubbish removal from sidewalks;
1.15 (2) weed elimination from streets or private property;
1.16 (3) removal or elimination of public health or safety hazards from private property,
1.17excluding any structure included under the provisions of sections
1.18 (4) installation or repair of water service lines, street sprinkling or other dust
1.19treatment of streets;
1.20 (5) the trimming and care of trees and the removal of unsound trees from any street;
1.21 (6) the treatment and removal of insect infested or diseased trees on private property,
1.22the repair of sidewalks and alleys;
1.23 (7) the operation of a street lighting system;
1.24 (8) the operation and maintenance of a fire protection or a pedestrian skyway system;
1.25 (9) inspections relating to a municipal housing maintenance code violation; or
2.1 (10) the recovery of any disbursements under section
2.2clause (5), including disbursements for payment of utility bills and other services, even
2.3if provided by a third party, necessary to remedy violations as described in section
2.5 (11) [Repealed, 2004 c 275 s 5]
2.6
2.7
2.8 (b) The council may by ordinance adopt regulations consistent with this section to
2.9make this authority effective, including, at the option of the council, provisions for placing
2.10primary responsibility upon the property owner or occupant to do the work personally
2.11(except in the case of street sprinkling or other dust treatment, alley repair, tree trimming,
2.12care, and removal, or the operation of a street lighting system) upon notice before the work
2.13is undertaken, and for collection from the property owner or other person served of the
2.14charges when due before unpaid charges are made a special assessment.
2.15(c) A home rule charter city, statutory city, county, or town operating an energy
2.16improvements financing program under section
2.17municipality under paragraph (a) with respect to energy improvements financed under
2.18that section.
2.19 Sec. 2. Minnesota Statutes 2010, section 462.3612, subdivision 2, is amended to read:
2.20 Subd. 2. Conditions; contents. (a) When there is an increased housing fiscal
2.21impact resulting from the adoption or amendment of an official control, the responsible
2.22municipality may prepare a housing fiscal impact note prior to the public hearing on the
2.23proposed adoption or amendment of an official control.
2.24(b) The housing fiscal impact note may:
2.25(1) estimate in dollar amounts the increase or decrease in the costs as a result of
2.26the municipal proposed action;
2.27(2) specify long-range implications of the proposed action;
2.28(3) describe appropriate alternatives to the proposed action; and
2.29(4) discuss the rationale for the proposed change.
2.30 Sec. 3. [463.265] VACANT BUILDING; REGISTRATION AND COMPLIANCE
2.31FEES.
2.32(a) A statutory or home rule charter city, or an agency of the city, may require
2.33payment of a onetime fee of up to $1,000 for the identification or registration of ownership
2.34of a vacant building. The city or agency must not, by ordinance or otherwise, require
3.1payment of an annual fee for identification or registration of ownership of a vacant
3.2building. A delinquent registration or ownership fee may be included as a line item on
3.3the closing documents to be paid by the seller and distributed to the city at the time of
3.4closing of the sale.
3.5(b) The fee required by a statutory or home rule charter city, or an agency of the city,
3.6for any inspection or code compliance reports required to obtain approval for the sale of a
3.7vacant building pursuant to a purchase agreement must not exceed the reasonable cost of
3.8providing the service and may be included as a line item on the closing documents to be
3.9paid by the seller and distributed to the city at the time of closing of the sale.
3.10 Sec. 4. [463.27] LOCAL ACTS AND CHARTER PROVISIONS.
3.11The legislature preempts all authority of a municipality to regulate hazardous
3.12buildings under sections 463.15 to 463.26 unless otherwise explicitly authorized by law.
3.13A municipality may adopt an ordinance that is identical to state law. Local regulation
3.14inconsistent with this section is void.
3.15 Sec. 5. [471.9998] RENTAL FEES.
3.16 Subdivision 1. Definitions. (a) "Dwelling" means an area meant for living or
3.17sleeping by human occupants.
3.18(b) "Municipality" means any county or home rule or charter city.
3.19(c) "Residential building" means a building used in whole or in part as a dwelling,
3.20including single-family homes and multiple-family units, either rental or owner-occupied.
3.21 Subd. 2. Fees prohibited. (a) A municipality must not impose a charge or fee
3.22related to the conversion of an owner-occupied dwelling or owner-occupied residential
3.23building to a rental dwelling or rental residential building.
3.24(b) A municipality must not impose a charge or fee related to the change of
3.25ownership of a rental dwelling or rental residential building.
3.26(c) A municipality must not impose a charge or fee for an inspection related only
3.27to the conversion of a property or change in ownership. A city may perform inspections
3.28pursuant to a local ordinance and impose a fee or charge if the inspection is not triggered
3.29by the conversion of a property or a change in ownership.
3.30(d) A municipality must not impose a charge or fee for reinstating a rental license
3.31to an individual whose rental license has been denied, revoked, or suspended by the
3.32municipality.
3.33(e) A municipality may impose a rental license charge or fee pursuant to a local
3.34ordinance. The rental license charge or fee must be directly related to services provided
4.1by the city. In setting the license fee, the municipality shall not include any amount
4.2attributable to conversion, change in ownership, or inspections.
4.3 Sec. 6. [471.9999] CITIZEN HOUSING REVIEW BOARD.
4.4 Subdivision 1. Definitions. (a) For purposes of this section, the terms defined in
4.5this subdivision have the meanings given.
4.6(b) "Board" means the Citizen Housing Review Board.
4.7(c) "Dwelling" means an area meant for living or sleeping by human occupants.
4.8(d) "Governing body" means the city council or county board of the entity that
4.9created the board.
4.10(e) "Municipality" means any county or any home rule or charter city.
4.11(f) "Residential building" means a building used in whole or in part as a dwelling,
4.12including single-family homes and multiple-family units, either rental or owner-occupied.
4.13(g) "State or federal funding" means any funds from the state or federal government
4.14in any form, including grants, forgivable loans, loans, or matching funds, for housing or
4.15housing-related purposes.
4.16 Subd. 2. Established. Any municipality that receives state or federal funding for the
4.17purpose of constructing, improving, or remodeling residential structures shall establish,
4.18by ordinance, a Citizen Housing Review Board pursuant to this section. The enabling
4.19ordinance must provide for the number of members and the entities to be represented,
4.20consistent with subdivision 3. The enabling ordinance may provide for additional duties
4.21but must not be less restrictive than or conflict with this section.
4.22 Subd. 3. Members. The board shall consist of at least five members appointed
4.23by the mayor or the chair of the county board. The members shall include at least one
4.24representative from each of the following groups: tenants, landlords, general contractors,
4.25real estate investors, and underrepresented minorities. Each member shall serve for a term
4.26of four years, except that when the board is established, approximately one-half of the
4.27members shall serve a two-year term. The members shall serve without compensation.
4.28The members are not required to be residents of the municipality unless required by
4.29the enabling ordinance.
4.30 Subd. 4. Board scope; duties. (a) The board is advisory in nature and shall have no
4.31enforcement authority. The board shall report to the governing body of the municipality.
4.32(b) The board shall review and comment on all actions, programs, and projects
4.33of the municipality that:
4.34(1) improve or enhance existing housing stock;
4.35(2) reduce the existing housing stock;
5.1(3) create, or have the appearance of creating, barriers to affordable housing; or
5.2(4) affect, in any way, affordable housing in the community.
5.3(c) The board shall review and comment on all records, reports, and other documents
5.4that are housing-related that are prepared by the municipality pursuant to state or federal
5.5law.
5.6(d) To the extent possible, the board shall ensure that all applicable state and federal
5.7laws are followed by the municipality.
5.8 Subd. 5. Municipality duties. (a) The municipality shall provide access to records
5.9of the municipality that are necessary to the work of the board.
5.10(b) The municipality shall submit reports to the board of any actions within the
5.11scope of subdivision 4 once per month or after each regular meeting of the governing
5.12body, whichever is more frequent.
5.13(c) When the municipality must submit a report, application, or other document to
5.14the state or federal government regarding housing, whenever possible, the municipality
5.15must provide the report, application, or other document to the board prior to submission so
5.16that the board may review and comment.
5.17 Subd. 6. Open meetings; data. (a) The meetings of the board are subject to the
5.18requirements of chapter 13D.
5.19(b) All data received or created by the board is governed by chapter 13. Any data
5.20that is received by the board retains the classification that it had under the providing entity.
5.21 Subd. 7. Terminating board. If the municipality does not anticipate receiving any
5.22state or federal funding for housing or housing-related purposes, the governing body may
5.23abolish the board by repealing the enabling ordinance. In the event that the municipality
5.24will again receive state or federal funding, the municipality shall reestablish the board
5.25pursuant to this section.
5.26 Sec. 7. REPEALER.
5.27Minnesota Statutes 2010, section 463.26, is repealed.
5.28 Sec. 8. EFFECTIVE DATE.
5.29Sections 1 to 7 are effective January 1, 2013.
