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(i) have or had a capacity of more than one million gallons; <br /> (ii) are located adjacent to rail facilities; or <br /> (iii)have been removed, or are unused, underused, inappropriately used or <br /> infrequently used. <br /> (b) For purposes of this subdivision, "structurally substandard"shall mean containing defects <br /> in structural elements ora combination of deficiencies in essential utilities and facilities, <br /> light and ventilation,fire protection including adequate egress, layout and condition of <br /> interior partitions, or similar factors, which defects or deficiencies are of sufficient total <br /> significance to justify substantial renovation or clearance. <br /> (c) A building is not structurally substandard if it is in compliance with the building code <br /> applicable to new buildings or could be modified to satisfy the building code at a cost of <br /> less than 15 percent of the cost of constructing a new structure of the same square footage <br /> and type on the site. The municipality may find that a building is not disqualified as <br /> structurally substandard under the preceding sentence on the basis of reasonably <br /> available evidence, such as the size, type, and age of the building, the average cost of <br /> plumbing, electrical, or structural repairs or other similar reliable evidence. The <br /> municipality may not make such a determination without an interior inspection of the <br /> property, but need not have an independent, expert appraisal prepared of the cost of <br /> repair and rehabilitation of the building. An interior inspection of the property is not <br /> required, if the municipality finds that (1) the municipality or authority is unable to gain <br /> access to the property after using its best efforts to obtain permission from the party that <br /> owns or controls the property; and (2) the evidence otherwise supports a reasonable <br /> conclusion that the building is structurally substandard. <br /> (d) A parcel is deemed to be occupied by a structurally substandard building for purposes of <br /> the finding under paragraph (a) if all of the following conditions are met: <br /> (1) the parcel was occupied by a substandard building within three years of the filing of <br /> the request for certification of the parcel as part of the district with the county auditor; <br /> (2) the substandard building was demolished or removed by the authority or the demolition <br /> or removal was financed by the authority or was done by a developer under a <br /> development agreement with the authority; <br /> (3) the authorityfound by resolution before the demolition or removal that the parcel was <br /> occupied by a structurally substandard building and that after demolition and <br /> clearance the authority intended to include the parcel within a district; and <br /> (4) upon filing the request for certification of the tax capacity of the parcel as part of a <br /> district, the authority notifies the county auditor that the original tax capacity of the <br /> parcel must be adjusted as provided by§469.177, subdivision 1,paragraph (h). <br /> (e) For purposes of this subdivision, a parcel is not occupied by buildings, streets, utilities, <br /> paved or gravel parking lots or other similar structures unless 15 percent of the area of <br /> the parcel contains buildings, streets, utilities,paved or gravel parking lots or other similar <br /> structures. <br /> Housing and Redevelopment Authority of St. Anthony Tax Increment Financing Plan for Tax Increment Financing District No.3-3 <br />