2006.03.20 EDA Packet - Laserfiche WebLink

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02/13/06 REVISOR JSK/CG 06-5594 11.1 existing or projected users in the blightedarea because the system is undersized does not 11.2 meet current design standards,or is significantly deteriorated. 11.3 Subd. 6. Market area. "Market area" ineans the geographic or locational 11.4 delineation of the market for a specific category of real estate. 11.5 Subd. 7. Negative market conditions. "Negative market conditions"are evidenced 11.6 by one or more of the following factors for similarly classified property: (1)market values 11.7 are lower than in the.remainder of the market area are increasing at rates materially lower 11.8 than in the remainder of the market area,or are decreasing compared to the remainder of 11.9 the market area; (2)vacancy rates are higher than in the remainder of the market area; 11.10 or(3) other comparable evidence of negative market conditions in the blighted area 11.11 compared to the market area as a whole. 11.12 Subd. 8. Public nuisance. "Public nuisance"has the meaning given in section 11.13 609.74. 11.14 Subd. 9. Structurally substandard. "Structurally substandard"means a building 11.15 that contains defects in structural elements or a combination of deficiencies in essential 11.16 utilities and facilities,light and ventilation and fire protection including adequate egress, 11.17 which significant defects or deficiencies justify substantial renovation or clearance. A 11.18 building is not structurally substandard if it is in compliance with the building code 11.19 applicable to new buildings or could be modified to satisfy the building code at a cost of 11.20 less than 20 percent of the cost of constructing a new structure of the same square footage 11.21 and type on the site. The municipality or condemning authority may find that a building is 11.22 not disqualified as structurally substandard under the previous sentence on the basis of 11.23 reasonably available evidence,such as the size,type, and age of the building,the average 11.24 cost of plumbing,electrical, or structural repairs,or other similar reliable evidence. The 11.25 municipality or the condemning authority may not make such a determination without an 11.26 interior inspection of the property,but need not have any independent,expert appraisal 11.27 prepared of the cost of repair and rehabilitation of the building. An interior inspection 11.28 of the property isnot required,if the municipality finds that: (1)the municipality or 11.29 condemning authority is unable to gain access to the property after using its best efforts to 11.30 obtain permission from the party that owns or controls the property; and(2)the evidence 11.31 otherwise supports a reasonable conclusion that the building is structurally substandard. 11.32 Items of evidence that support such a conclusion include recent fire or police inspections, 11.33 on-site property tax appraisals or housing inspections,exterior evidence of deterioration, 11.34 or other similar reliable evidence. Written documentation of the findings and reasons why 11.35 an interior inspection was not conducted must be made and retained. Failure of a building Sec. 14. 11