Minnesota Statutes 2002, Chapter 428A.
Copyright 2002 by the Office of Revisor of Statutes, State of Minnesota.
==428A.01
428A.01 Special service district procedures; definitions.
Subdivision 1. Applicability. As used in sections
428A.01 to 428A.10, the terms defined in this section have the
meanings given them.
Subd. 2. City. "City" means a home rule charter or
statutory city.
Subd. 3. Special services. "Special services" has
the meaning given in the city's ordinance but special services
may not include a service that is ordinarily provided throughout
the city from general fund revenues of the city unless an
increased level of the service is provided in the special
service district.
Subd. 4. Special service district. "Special service
district" means a defined area within the city where special
services are rendered and the costs of the special services are
paid from revenues collected from service charges imposed within
that area.
Subd. 5. Net tax capacity. Except as provided in
section 428A.05, "net tax capacity" means the net tax capacity
most recently certified by the county auditor under section
428A.03, subdivision 1a, before the effective date of the
ordinance or resolution adopted under section 428A.02 or 428A.03.
Subd. 6. Land area. "Land area" means the land area
in the district that is subject to property taxes.
HIST: 1988 c 719 art 5 s 84; art 14 s 1; 1989 c 329 art 13 s
20; 1995 c 264 art 16 s 16; 1996 c 471 art 8 s 3,4
==428A.02
428A.02 Establishment of special service district.
Subdivision 1. Ordinance. The governing body of a
city may adopt an ordinance establishing a special service
district. Only property that is classified under section 273.13
and used for commercial, industrial, or public utility purposes,
or is vacant land zoned or designated on a land use plan for
commercial or industrial use and located in the special service
district, may be subject to the charges imposed by the city on
the special service district. Other types of property may be
included within the boundaries of the special service district
but are not subject to the levies or charges imposed by the city
on the special service district. If 50 percent or more of the
market value of a parcel of property is classified under section
273.13 as commercial, industrial, or vacant land zoned or
designated on a land use plan for commercial or industrial use,
or public utility for the current assessment year, then the
entire market value of the property is subject to a service
charge based on net tax capacity for purposes of sections
428A.01 to 428A.10. The ordinance shall describe with
particularity the area within the city to be included in the
district and the special services to be furnished in the
district. The ordinance may not be adopted until after a public
hearing has been held on the question. Notice of the hearing
shall include the time and place of hearing, a map showing the
boundaries of the proposed district, and a statement that all
persons owning property in the proposed district that would be
subject to a service charge will be given opportunity to be
heard at the hearing. Within 30 days after adoption of the
ordinance under this subdivision, the governing body shall send
a copy of the ordinance to the commissioner of revenue.
Subd. 2. Notice. Notice of the hearing must be given
by publication in at least two issues of the official newspaper
of the city. The two publications must be two weeks apart and
the hearing must be held at least three days after the last
publication. Not less than ten days before the hearing, notice
must also be mailed to the owner of each parcel within the area
proposed to be included in the district. For the purpose of
giving mailed notice, owners are those shown on the records of
the county auditor. Other records may be used to supply the
necessary information. For properties that are tax exempt or
subject to taxation on a gross earnings basis in lieu of
property tax and are not listed on the records of the county
auditor, the owners must be ascertained by any practicable means
and mailed notice given them. At the public hearing a person
affected by the proposed district may testify on any issues
relevant to the proposed district. The hearing may be adjourned
from time to time and the ordinance establishing the district
may be adopted at any time within six months after the date of
the conclusion of the hearing by a vote of the majority of the
governing body of the city.
Subd. 3. Charges; relationship to services. The city
may impose service charges under sections 428A.01 to 428A.10
that are reasonably related to the special services provided.
Charges for service shall be as nearly as possible proportionate
to the cost of furnishing the service, and may be fixed on the
basis of the service directly rendered, or by reference to a
reasonable classification of the types of premises to which
service is furnished, or on any other equitable basis.
Subd. 4. Benefit; objection. Before the ordinance is
adopted or at the hearing at which it is to be adopted, any
affected landowner may file a written objection with the city
clerk asserting that the landowner's property should not be
included in the district or should not be subjected to a service
charge and objecting to:
(1) the inclusion of the landowner's property in the
district, for the reason that the property would not receive
services that are not provided throughout the city to the same
degree;
(2) the levy of a service charge on the landowner's
property, for the reason that the property is exempted under
sections 428A.01 to 428A.10 or the special law under which the
district was created; or
(3) the fact that neither the landowner's property nor its
use is benefited by the proposed special service.
The governing body shall make a determination on the objection
within 30 days of its filing. Pending its determination, the
governing body may delay adoption of the ordinance or it may
adopt the ordinance with a reservation that the landowner's
property may be excluded from the district or district service
charges when the determination is made.
Subd. 5. Appeal to district court. Within 30 days
after the determination of the objection, any person aggrieved,
who is not precluded by failure to object before or at the
hearing, or whose failure to object is due to a reasonable
cause, may appeal to the district court by serving a notice upon
the mayor or city clerk. The notice shall be filed with the
court administrator of the district court within ten days after
its service. The city clerk shall furnish the appellant a
certified copy of the findings and determination of the
governing body. The court may affirm the action objected to or,
if the appellant's objections have merit, modify or cancel it.
If the appellant does not prevail upon the appeal, the costs
incurred shall be taxed to the appellant by the court and
judgment entered for them. All objections shall be deemed
waived unless presented on appeal.
HIST: 1988 c 719 art 5 s 84; art 14 s 2; 1989 c 329 art 13 s
20; 1996 c 471 art 8 s 5
==428A.03
428A.03 Service charge authority; notice, hearing
requirement.
Subdivision 1. Hearing. Service charges may be
imposed by the city within the special service district at a
rate or amount sufficient to produce the revenues required to
provide special services in the district. To determine the
appropriate rate for a service charge based on net tax capacity,
taxable property or net tax capacity must be determined without
regard to captured or original net tax capacity under section
469.177 or to the distribution or contribution value under
section 473F.08. Service charges may not be imposed to finance
a special service if the service is ordinarily provided by the
city from its general fund revenues unless the service is
provided in the district at an increased level. In that case, a
service charge may be imposed only in the amount needed to pay
for the increased level of service. A service charge may not be
imposed on the receipts from the sale of intoxicating liquor,
food, or lodging. Before the imposition of service charges in a
district, for each calendar year, a hearing must be held under
section 428A.02 and notice must be given and must be mailed to
any individual or business organization subject to a service
charge. For purposes of this section, the notice shall also
include:
(1) a statement that all interested persons will be given
an opportunity to be heard at the hearing regarding a proposed
service charge;
(2) the estimated cost of improvements to be paid for in
whole or in part by service charges imposed under this section,
the estimated cost of operating and maintaining the improvements
during the first year and upon completion of the improvements,
the proposed method and source of financing the improvements,
and the annual cost of operating and maintaining the
improvements;
(3) the proposed rate or amount of the proposed service
charge to be imposed in the district during the calendar year
and the nature and character of special services to be rendered
in the district during the calendar year in which the service
charge is to be collected; and
(4) a statement that the petition requirements of section
428A.08 have either been met or do not apply to the proposed
service charge.
Within six months of the public hearing, the city may adopt
a resolution imposing a service charge within the district not
exceeding the amount or rate expressed in the notice issued
under this section.
Subd. 1a. Certification of net tax capacity. Upon a
request of the city, the county auditor must certify the most
recent net tax capacity of the taxable property subject to
service charges within the special service district.
Subd. 2. Exemption of certain properties from taxes and
service charges. Property exempt from taxation by section
272.02 is exempt from any service charges based on net tax
capacity imposed under sections 428A.01 to 428A.10.
Subd. 3. Levy limit. Service charges imposed under
sections 428A.01 to 428A.10 are not included in the calculation
of levies or limits on levies imposed under law or charter.
HIST: 1988 c 719 art 5 s 84; art 14 s 3; 1989 c 329 art 13 s
20; 1995 c 264 art 16 s 17
==428A.04
428A.04 Enlargement of special service districts.
Boundaries of a special service district may be enlarged
only after hearing and notice as provided in sections 428A.02
and 428A.03. Notice must be served in the original district and
in the area proposed to be added to the district. Property
added to the district is subject to all service charges imposed
within the district after the property becomes a part of the
district if it is property of the type that is subject to
service charges in the district. On the question of
enlargement, the petition requirement in section 428A.08 and the
veto power in section 428A.09 apply only to owners, individuals,
and business organizations in the area proposed to be added to
the district.
HIST: 1988 c 719 art 14 s 4
==428A.05
428A.05 Collection of service charges.
Service charges may be imposed on the basis of the net tax
capacity of the property on which the service charge is imposed
but must be spread only upon the net tax capacity of the taxable
property located in the geographic area described in the
ordinance. Service charges based on net tax capacity may be
payable and collected at the same time and in the same manner as
provided for payment and collection of ad valorem taxes. When
made payable in the same manner as ad valorem taxes, service
charges not paid on or before the applicable due date shall be
subject to the same penalty and interest as in the case of ad
valorem tax amounts not paid by the respective due date. The
due date for a service charge payable in the same manner as ad
valorem taxes is the due date given in law for the real or
personal property tax for the property on which the service
charge is imposed. Service charges imposed on net tax capacity
which are to become payable in the following year must be
certified to the county auditor by the date provided in section
429.061, subdivision 3, for the annual certification of special
assessment installments. Other service charges imposed must be
collected as provided by ordinance. Service charges based on
net tax capacity collected under sections 428A.01 to 428A.10 are
not included in computations under section 469.177, chapter 276A
or 473F, or any other law that applies to general ad valorem
levies. For the purpose of this section, "net tax capacity"
means the net tax capacity most recently determined at the time
that tax rates are determined under section 275.08.
HIST: 1988 c 719 art 5 s 84; art 14 s 5; 1989 c 329 art 13 s
20; 1995 c 264 art 16 s 18; 1996 c 471 art 11 s 12
==428A.06
428A.06 Bonds.
At any time after a contract for the construction of all or
part of an improvement authorized under sections 428A.01 to
428A.10 has been entered into or the work has been ordered done
by day labor, the governing body of the city may issue
obligations in the amount it deems necessary to defray in whole
or in part the expense incurred and estimated to be incurred in
making the improvement, including every item of cost from
inception to completion and all fees and expenses incurred in
connection with the improvement or the financing. The
obligations are payable primarily out of the proceeds of the
service charge based on net tax capacity imposed under section
428A.03, or from any other special assessments or nontax
revenues available to be pledged for their payment under charter
or statutory authority, or from two or more of those sources.
The governing body may, by resolution adopted prior to the sale
of obligations, pledge the full faith, credit, and taxing power
of the city to assure payment of the principal and interest if
the proceeds of the service charge in the district are
insufficient to pay the principal and interest. The obligations
must be issued in accordance with chapter 475, except that an
election is not required, and the amount of the obligations need
not be included in determining the net debt of the city under
the provisions of any law or charter limiting debt.
HIST: 1988 c 719 art 5 s 84; art 14 s 6; 1989 c 329 art 13 s
20
==428A.07
428A.07 Advisory board.
The governing body of the city may create and appoint an
advisory board for each special service district in the city to
advise the governing body in connection with the construction,
maintenance, and operation of improvements, and the furnishing
of special services in a district. The advisory board shall
make recommendations to the governing body on the requests and
complaints of owners, occupants, and users of property within
the district and members of the public. Before the adoption of
any proposal by the governing body to provide services or impose
service charges within the district, the advisory board of the
district shall have an opportunity to review and comment upon
the proposal.
HIST: 1988 c 719 art 14 s 7
==428A.08
428A.08 Petition required.
No action may be taken under section 428A.02 unless owners
of 25 percent or more of the land area of property that would be
subject to service charges in the proposed special service
district and owners of 25 percent or more of the net tax
capacity of property that would be subject to service charges in
the proposed special service district file a petition requesting
a public hearing on the proposed action with the city clerk. No
action may be taken under section 428A.03 to impose a service
charge based on net tax capacity unless owners of 25 percent or
more of the land area subject to a proposed service charge and
owners of 25 percent or more of the net tax capacity subject to
a proposed service charge file a petition requesting a public
hearing on the proposed action with the city clerk. No action
may be taken under section 428A.03 to impose any other type of
service charge unless 25 percent or more of the individual or
business organizations subject to the proposed service charge
file a petition requesting a public hearing on the proposed
action with the city clerk. If the boundaries of a proposed
district are changed or the land area or net tax capacity
subject to a service charge or the individuals or business
organizations subject to a service charge are changed after the
public hearing, a petition meeting the requirements of this
section must be filed with the city clerk before the ordinance
establishing the district or resolution imposing the service
charge may become effective.
HIST: 1988 c 719 art 5 s 84; art 14 s 8; 1989 c 329 art 13 s
20
==428A.09
428A.09 Veto power of owners.
Subdivision 1. Notice of right to file objections.
Except as provided in section 428A.10, the effective date of any
ordinance or resolution adopted under sections 428A.02 and
428A.03 must be at least 45 days after it is adopted. Within
five days after adoption of the ordinance or resolution, a
summary of the ordinance or resolution must be mailed to the
owner of each parcel included in the special service district
and any individual or business organization subject to a service
charge in the same manner that notice is mailed under section
428A.02. The mailing must include a notice that owners subject
to a service charge based on net tax capacity and individuals
and business organizations subject to a service charge imposed
on another basis have a right to veto the ordinance or
resolution by filing the required number of objections with the
city clerk before the effective date of the ordinance or
resolution and that a copy of the ordinance or resolution is on
file with the city clerk for public inspection.
Subd. 2. Requirements for veto. If owners of 35
percent or more of the land area in the district subject to the
service charge based on net tax capacity or owners of 35 percent
or more of the net tax capacity in the district subject to the
service charge based on net tax capacity file an objection to
the ordinance adopted by the city under section 428A.02 with the
city clerk before the effective date of the ordinance, the
ordinance does not become effective. If owners of 35 percent or
more of the land area subject to the service charge based on net
tax capacity or owners of 35 percent or more of the net tax
capacity subject to the service charge based on net tax capacity
file an objection to the resolution adopted imposing a service
charge based on net tax capacity under section 428A.03 with the
city clerk before the effective date of the resolution, the
resolution does not become effective. If 35 percent or more of
individuals and business organizations subject to a service
charge file an objection to the resolution adopted imposing a
service charge on a basis other than net tax capacity under
section 428A.03 with the city clerk before the effective date of
the resolution, the resolution does not become effective. In
the event of a veto, no district shall be established during the
current calendar year and until a petition meeting the
qualifications set forth in this subdivision for a veto has been
filed.
HIST: 1988 c 719 art 5 s 84; art 14 s 9; 1989 c 329 art 13 s
20
==428A.10
428A.10 Exclusion from petition requirements and veto
power.
The petition requirements of section 428A.08 and the right
of owners and those subject to a service charge to veto a
resolution in section 428A.09 do not apply to second or
subsequent years' applications of a service charge that is
authorized to be in effect for more than one year under a
resolution that has met the petition requirements of section
428A.08 and which has not been vetoed under section 428A.09 for
the first year's application. A resolution imposing a service
charge for more than one year must not be adopted unless the
notice of public hearing required by section 428A.03 and the
notice mailed with the adopted resolution under section 428A.09
include the following information:
(1) in the case of improvements, the maximum service charge
to be imposed in any year and the maximum number of years the
service charges imposed to pay for the improvement; and
(2) in the case of operating and maintenance services, the
maximum service charge to be imposed in any year and the maximum
number of years, or a statement that the service charge will be
imposed for an indefinite number of years, the service charges
will be imposed to pay for operation and maintenance services.
The resolution may provide that the maximum service charge
to be imposed in any year will increase or decrease from the
maximum amount authorized in the preceding year based on an
indicator of increased cost or a percentage amount established
by the resolution.
HIST: 1988 c 719 art 14 s 10
==428A.101
428A.101 Special service district; sunset of
self-executing provisions.
The establishment of a new special service district after
June 30, 2005, requires enactment of a special law authorizing
the establishment.
HIST: 1996 c 471 art 8 s 6; 2000 c 493 s 4
==428A.11
428A.11 Housing improvement areas; definitions.
Subdivision 1. Applicability. As used in sections
428A.11 to 428A.20, the terms defined in this section have the
meanings given them.
Subd. 2. City. "City" means a home rule charter or
statutory city.
Subd. 3. Enabling ordinance. "Enabling ordinance"
means the ordinance adopted by the city council establishing the
housing improvement area.
Subd. 4. Housing improvements. "Housing improvements"
has the meaning given in the city's enabling ordinance. Housing
improvements may include improvements to common elements of a
condominium or other common interest community.
Subd. 5. Housing improvement area. "Housing
improvement area" means a defined area within the city where
housing improvements are made or constructed and the costs of
the improvements are paid in whole or in part from fees imposed
within the area.
Subd. 6. Housing unit. "Housing unit" means real
property and improvements thereon consisting of a one-dwelling
unit, or an apartment or unit as described in chapter 515, 515A,
or 515B, respectively, that is occupied by a person or family
for use as a residence.
Subd. 7. Authority. "Authority" means an economic
development authority or housing and redevelopment authority
created pursuant to section 469.003, 469.004, or 469.091 or
another entity authorized by law to exercise the powers of an
authority created pursuant to one of those sections.
Subd. 8. Implementing entity. "Implementing entity"
means the city or authority designated in the enabling ordinance
as responsible for implementing and administering the housing
improvement area.
HIST: 1996 c 471 art 8 s 7; 1999 c 11 art 3 s 13,14; 2000 c
490 art 11 s 2,3
==428A.12
428A.12 Petition required.
No action may be taken under sections 428A.13 and 428A.14
unless owners of 25 percent or more of the housing units that
would be subject to fees in the proposed housing improvement
area file a petition requesting a public hearing on the proposed
action with the city clerk. No action may be taken under
section 428A.14 to impose a fee unless owners of 25 percent or
more of the housing units subject to the proposed fee file a
petition requesting a public hearing on the proposed fee with
the city clerk or other appropriate official.
HIST: 1996 c 471 art 8 s 8
==428A.13
428A.13 Establishment of housing improvement area.
Subdivision 1. Ordinance. The governing body of the
city may adopt an ordinance establishing one or more housing
improvement areas. The ordinance must specifically describe the
portion of the city to be included in the area, the basis for
the imposition of the fees, and the number of years the fee will
be in effect. In addition, the ordinance must include findings
that without the housing improvement area, the proposed
improvements could not be made by the condominium associations
or housing unit owners, and the designation is needed to
maintain and preserve the housing units within the housing
improvement area. The ordinance shall designate the
implementing entity. The ordinance may not be adopted until a
public hearing has been held regarding the ordinance. The
ordinance may be amended by the governing body of the city,
provided the governing body complies with the public hearing
notice provisions of subdivision 2. Within 30 days after
adoption of the ordinance under this subdivision, the governing
body shall send a copy of the ordinance to the commissioner of
revenue.
Subd. 2. Public hearing. The notice of public
hearing must include the time and place of hearing, a map
showing the boundaries of the proposed area, and a statement
that all persons owning housing units in the proposed area that
would be subject to a fee for housing improvements will be given
an opportunity to be heard at the hearing. Notice of the
hearing must be given by publication in the official newspaper
of the city. The public hearing must be held at least seven
days after the publication. Not less than ten days before the
hearing, notice must also be mailed to the owner of each housing
unit within the proposed area. For the purpose of giving mailed
notice, owners are those shown on the records of the county
auditor. Other records may be used to supply the necessary
information. At the public hearing a person owning property in
the proposed housing improvement area may testify on any issues
relevant to the proposed area. The hearing may be adjourned
from time to time. The ordinance establishing the area may be
adopted at any time within six months after the date of the
conclusion of the hearing by a vote of the majority of the
governing body of the city.
Subd. 3. Proposed housing improvements. At the
public hearing held under subdivision 2, the proposed
implementing entity shall provide a preliminary listing of the
housing improvements to be made in the area. The listing shall
identify those improvements, if any, that are proposed to be
made to all or a portion of the common elements of a
condominium. The listing shall also identify those housing
units that have completed the proposed housing improvements and
are proposed to be exempted from a portion of the fee. In
preparing the list the proposed implementing entity shall
consult with the residents of the area and the condominium
associations.
Subd. 4. Benefit; objection. Before the ordinance is
adopted or at the hearing at which it is to be adopted, the
owner of a housing unit in the proposed housing improvement area
may file a written objection with the city clerk asserting that
the owner's property should not be included in the area or
should not be subjected to a fee and objecting to the inclusion
of the housing unit in the area, for the reason that the
property would not benefit from the improvements.
The governing body shall make a determination of the
objection within 60 days of its filing. Pending its
determination, the governing body may delay adoption of the
ordinance or it may adopt the ordinance with a reservation that
the landowner's property may be excluded from the housing
improvement area or fee when the determination is made.
Subd. 5. Appeal to district court. Within 30 days
after the determination of the objection, any person aggrieved,
who is not precluded by failure to object before or at the
hearing, or whose failure to object is due to a reasonable
cause, may appeal to the district court by serving a notice upon
the mayor or city clerk. The notice shall be filed with the
court administrator of the district court within ten days after
its service. The city clerk shall furnish the appellant a
certified copy of the findings and determination of the
governing body. The court may affirm the action objected to or,
if the appellant's objections have merit, modify or cancel it.
If the appellant does not prevail upon the appeal, the costs
incurred are taxed to the appellant by the court and judgment
entered for them. All objections are deemed waived unless
presented on appeal.
HIST: 1996 c 471 art 8 s 9; 2000 c 490 art 11 s 4,5
==428A.14
428A.14 Improvement fees authority; notice and hearing.
Subdivision 1. Authority. Fees may be imposed by the
implementing entity on the housing units within the housing
improvement area at a rate, term, or amount sufficient to
produce revenue required to provide housing improvements in the
area to reimburse the implementing entity for advances made to
pay for the housing improvements or to pay principal of,
interest on, and premiums, if any, on bonds issued by the
implementing entity under section 428A.16. The fee can be
imposed on the basis of the tax capacity of the housing unit, or
the total amount of square footage of the housing unit, or a
method determined by the council and specified in the resolution.
Before the imposition of the fees, a hearing must be held and
notice must be published in the official newspaper at least
seven days before the hearing and shall be mailed at least seven
days before the hearing to any housing unit owner subject to a
fee. For purposes of this section, the notice must also include:
(1) a statement that all interested persons will be given
an opportunity to be heard at the hearing regarding a proposed
housing improvement fee;
(2) the estimated cost of improvements including
administrative costs to be paid for in whole or in part by the
fee imposed under the ordinance;
(3) the amount to be charged against the particular
property;
(4) the right of the property owner to prepay the entire
fee;
(5) the number of years the fee will be in effect; and
(6) a statement that the petition requirements of section
428A.12 have either been met or do not apply to the proposed fee.
Within six months of the public hearing, the implementing
entity may adopt a resolution imposing a fee within the area not
exceeding the amount expressed in the notice issued under this
section.
Prior to adoption of the resolution approving the fee, the
condominium associations located in the housing improvement area
shall submit to the implementing entity a financial plan
prepared by an independent third party, acceptable to the
implementing entity and associations, that provides for the
associations to finance maintenance and operation of the common
elements in the condominium and a long-range plan to conduct and
finance capital improvements.
Subd. 2. Levy limit. Fees imposed under this section
are not included in the calculation of levies or limits on
levies imposed under any law or charter.
HIST: 1996 c 471 art 8 s 10; 2000 c 490 art 11 s 6
==428A.15
428A.15 Collection of fees.
The implementing entity may provide for the collection of
the housing improvement fees according to the terms of section
428A.05.
HIST: 1996 c 471 art 8 s 11; 2000 c 490 art 11 s 7
==428A.16
428A.16 Bonds.
At any time after a contract for the construction of all or
part of an improvement authorized under sections 428A.11 to
428A.20 has been entered into or the work has been ordered, the
implementing entity may issue obligations in the amount it deems
necessary to defray in whole or in part the expense incurred and
estimated to be incurred in making the improvement, including
every item of cost from inception to completion and all fees and
expenses incurred in connection with the improvement or the
financing.
The obligations are payable primarily out of the proceeds
of the fees imposed under section 428A.14, or from any other
special assessments or revenues available to be pledged for
their payment under charter or statutory authority, or from two
or more of those sources. The governing body of the city, or if
the governing bodies are the same or consist of identical
membership, the authority may, by resolution adopted prior to
the sale of obligations, pledge the full faith, credit, and
taxing power of the city to bonds issued by it to ensure payment
of the principal and interest if the proceeds of the fees in the
area are insufficient to pay the principal and interest. The
obligations must be issued in accordance with chapter 475,
except that an election is not required, and the amount of the
obligations are not included in determination of the net debt of
the city under the provisions of any law or charter limiting
debt.
HIST: 1996 c 471 art 8 s 12; 2000 c 490 art 11 s 8
==428A.17
428A.17 Advisory board.
The implementing entity may create and appoint an advisory
board for the housing improvement area in the city to advise the
implementing entity in connection with the planning and
construction of housing improvements. In appointing the board,
the implementing entity shall consider for membership members of
condominium associations located in the housing improvement
area. The advisory board shall make recommendations to the
implementing entity to provide improvements or impose fees
within the housing improvement area. Before the adoption of a
proposal by the implementing entity to provide improvements
within the housing improvement area, the advisory board of the
housing improvement area shall have an opportunity to review and
comment upon the proposal.
HIST: 1996 c 471 art 8 s 13; 2000 c 490 art 11 s 9
==428A.18
428A.18 Veto powers.
Subdivision 1. Notice of right to file objections.
The effective date of any ordinance or resolution adopted under
sections 428A.13 and 428A.14 must be at least 45 days after it
is adopted. Within five days after adoption of the ordinance or
resolution, a summary of the ordinance or resolution shall be
mailed to the owner of each housing unit included in the
multiunit housing improvement area. The mailing shall include a
notice that owners subject to a fee have a right to veto the
ordinance or resolution by filing the required number of
objections with the city clerk before the effective date of the
ordinance or resolution and that a copy of the ordinance or
resolution is on file with the city clerk for public inspection.
Subd. 2. Requirements for veto. If residents of 35
percent or more of the housing units in the area subject to the
fee file an objection to the ordinance adopted by the city under
section 428A.13 with the city clerk before the effective date of
the ordinance, the ordinance does not become effective. If
owners of 35 percent or more of the housing units' tax capacity
subject to the fee under section 428A.14 file an objection with
the city clerk before the effective date of the resolution, the
resolution does not become effective.
HIST: 1996 c 471 art 8 s 14
==428A.19
428A.19 Annual reports.
Each condominium association located within the housing
improvement area must, by August 15 annually, submit a copy of
its audited financial statements to the implementing entity.
The city may also, as part of the enabling ordinance, require
the submission of other relevant information from the
associations.
HIST: 1996 c 471 art 8 s 15; 2000 c 490 art 11 s 10
==428A.20
428A.20 Special assessments.
Within a housing improvement area, the governing body of
the city may, in addition to the fee authorized in section
428A.14, special assess housing improvements to benefited
property. The governing body of the city may by ordinance adopt
regulations consistent with this section.
HIST: 1996 c 471 art 8 s 16
==428A.21
428A.21 Sunset.
No new housing improvement areas may be established under
sections 428A.11 to 428A.20 after June 30, 2005. After June 30,
2005, a city may establish a housing improvement area, provided
that it receives enabling legislation authorizing the
establishment of the area.
HIST: 1996 c 471 art 8 s 17; 2000 c 490 art 11 s 11