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J <br /> DORSEY 8c WHITNEY <br /> Mayor Ranallo and Members August 19, 1992 <br /> of the City Council Page 2 <br /> 463.151 REMOVAL BY MUNICIPALITY;CONSENT;COST. <br /> The governing body of any city or town may remove or raze any <br /> hazardous building or remove or correct any hazardous condition of <br /> real estate upon obtaining the consent in writing of all owners of <br /> record, occupying tenants, and all lien holders of record; the cost shall <br /> be charged against the real estate as provided in Section 463.21, except <br /> the governing body may provide that the cost so assessed may be paid <br /> in not to exceed five equal,annual installments with interest thereon, <br /> at eight percent per annum. <br /> In.talking with the City Manager, it appears that although the maintenance of <br /> this property has been totally ignored by the owner for a number of years, and <br /> although it is aesthetically a nuisance,.there probably is not deterioration or health <br /> or safety considerations sufficient to conclude that it is a hazardous structure under <br /> Minnesota Statutes, Section 463.15, Subd. 3: <br /> Subd. 3. Hazardous building or hazardous property. "Hazardous <br /> building or hazardous property" means any building or property, <br /> which because of inadequate maintenance, dilapidation, physical <br /> damage, unsanitary condition, or abandonment, constitutes a fire <br /> hazard or a hazard to public safety or health. <br /> For this reason,it does not appear that the City could demolish the building or take <br /> other actions under Sections 463.16-463.26 to deal with it. <br /> A question has also arisen as to whether the City could acquire this property <br /> by purchase or condemnation and convey it to a new owner. I have not done <br /> research on the question, but I believe that this would not meet the public use <br /> requirements of condemnation under Minnesota Statutes, Chapter 117. Ordinarily, <br /> a City must.acquire such property for a public use or for reconveyance for <br /> redevelopment purposes. I do not believe it would be a sufficient public use or <br /> public purpose simply to acquire it in order to convey it to a new owner. Minnesota <br /> Statutes, Section 463.152 gives the City the power of eminent domain to acquire <br /> property which is "found to be hazardous within the meaning of Section 463.17, <br />