01-08-2025 Workshop Packet - Laserfiche WebLink

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HED-10 HOUSING ORDINANCE ENFORCEMENT •Improving the ability of cities to recoup the increased public safety, management, and enforcement costs related to vacant properties; •Improvement of the redemption process to provide increased notification to renters, strengthen the ability of homeowners to retain their properties, and reduce the amount of time a property is vacant; •Expedition of the tax forfeiture process; •Increasing financial tools for neighborhood recovery efforts, including tax increment financing; and •Year-round notification by utility companies of properties not receiving utility service. A Minnesota State Supreme Court ruling, Morris v. Sax, stated that provisions of the city of Morris’ rental housing code were invalid because there were subjects dealt with under the state building code and the city was attempting to regulate these areas “differently from the state building code.” Minn. Stat. § 326B.121, subdivision 1 states: “The State Building Code is the standard that applies statewide for the construction, reconstruction, alteration, repair, and use of buildings and other structures of the type governed by the code. The State Building Code supersedes the building code of any municipality.” Subdivision 2 states: “A municipality must not by ordinance, or through development agreement, require building code provisions regulating components or systems of any structure that are different from any provision of the State Building Code. This subdivision does not prohibit a municipality from enacting or enforcing an ordinance requiring existing components or systems of any structure to be maintained in a safe and sanitary condition or in good repair, but not exceeding the standards under which the structure was built, reconstructed, or altered, or the component or system was installed, unless specific retroactive provisions for existing buildings have been adopted as part of the State Building Code. A municipality may, with the approval of the state building official, adopt an ordinance that is more restrictive than the State Building Code where geological conditions warrant a more restrictive ordinance. A municipality may appeal the disapproval of a more restrictive ordinance to the commissioner.” Metro Cities supports the ability of cities to enforce all housing codes passed by a local municipality to maintain its housing stock. 49