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04-12-1989 Council Agenda
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04-12-1989 Council Agenda
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\tr. \'trgil C. Herrick <br />Pa;c 3 <br />city.1/ if the park seeks to comply by building its own shelter, construction of the <br />shelter must be completed and approved by March 1, 1989. If the park seeks to comply <br />by an approved evacuation plan, the park must have a plan that is approved and <br />operable by March 1, 1989. In brief, residents of the park must be in a position, on <br />March 1, 1989, to actually obtain shelter if needed, either at an approved shelter at <br />the park or pursuant to an approved evacuation plan. If the shelter has not been <br />constructed and approved by March 1, 1989, or a plan approved and useable by <br />March 1, 1989, the park is in violation of the statute on that date. <br />QUESTION THREE <br />Does the municipality have any authority to enforce the provisions of <br />Minnesota Statutes Chapter 327? <br />OPINION <br />We answer this question in the affirmative. Minn. Stat. 5 327.24, subd. 1 (1986) <br />provides for enforcement by the Department of sections 327.14 to 327.28 and the rules <br />of the Department applicable to manufactured home parks. The subdivision provides <br />that the Department may request the county attorney to initiate action to abate the <br />unlawful operation of a manufactured home park. Subdivision 2 of the section makes <br />failure to comply with the statutes a misdemeanor. Subdivision 3 states that any <br />person injured or threatened with an injury by a violation of the statute or rules may <br />bring a private action. <br />The city can prosecute for a misdemeanor any person, firm or corporation who <br />fails to comply with section 327.20. See Minn. Stat. 5 487.25, subd. 10 (Supp. 1987). <br />The city may, if injured or threatened with injury by a violation of section 327.20 or <br />1/ <br />The city may require the park to construct a shelter if it determines that a safe <br />shelter is not available within a reasonable distance from the park. <br />Page 23 <br />
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