Abatement of nuisance condition appeals.
Minneapolis Code of Ordinances § 249.45
in effect249.45. - Abatement of nuisance condition appeals.
(a) There is hereby created a nuisance condition process review panel. The panel shall consist of the building official, the fire marshal, the director of community planning and economic development, and the city assessor or their designees. Three (3) members of the panel shall constitute a quorum. The panel shall make decisions by a majority vote. The director of regulatory services' order, as set forth in the notice, shall be upheld if the panel is deadlocked.
(b) The panel shall have authority to hear and decide all appeals from the director of inspections' order to demolish or rehabilitate a nuisance condition building. The panel shall uphold or overturn the director's determination that the building is a nuisance condition as defined by section 249.30 and shall uphold or overturn the director's determination that the building should be demolished or rehabilitated. If the director of regulatory services imposes conditions on an order to rehabilitate the building, the panel shall have the authority to uphold, modify or overturn those conditions.
(c) Any person wishing to appeal a determination of the director of regulatory services ordering demolition or rehabilitation shall file a written notice of appeal with the department of regulatory services within twenty-one (21) days after receipt of the director's order. The notice shall contain a statement of the grounds for the appeal. The notice of appeal shall be accompanied by a fee of three hundred dollars ($300.00).
(d) The panel shall meet at the call of the chair to hear appeals. The panel shall notify the owner and any other person known to have an interest in the property in writing of the time and place of the hearing. In addition, notice of the hearing shall be sent to all property owners within three hundred fifty (350) feet of the subject property and to any neighborhood organization in which the property is located.
(e) Notice to the owners, or other parties with an interest in the property, shall inform the owner and parties of (1) the right to appear individually or through a representative or to submit a written statement, (2) the right to examine witnesses at the hearings and offer such evidence as may bear on the decision to demolish or rehabilitate the building, and (3) that the hearing will be recorded. Neighborhood organizations and owners of property within three hundred fifty (350) feet of the subject property shall be entitled to present joint or individual neighborhood impact statements to the panel. The neighborhood impact statements shall specifically address the items contained in section 249.40(1)a., b., c. and d., and such other relevant material as may be offered.
(f) At the hearing, the panel shall hear all relevant evidence and argument. The panel may admit and give probative effect to evidence that possesses probative value commonly accepted by reasonably prudent persons in the conduct of their affairs. The panel shall record the hearing and keep a record of documentary evidence submitted.
(g) At the hearing, the department of regulatory services shall present an oral summary of the background and reasons for its recommendation. A report, including any pertinent documents and photos shall be filed as part of the record. All parties having an interest in the property may review department documents, subject to restrictions in the Government Data Practices Act, prior to the hearing, and shall be permitted to present evidence in support of their position. Parties having an interest in the property shall have the right to question witnesses at the hearing.
(h) The panel shall render its decision in writing within thirty (30) days after the close of the hearing. The panel shall determine whether the building meets the definition of nuisance condition as set forth in section 249.30 and whether the director of regulatory services' order to demolish or rehabilitate the building should be upheld or overturned and shall specify the factual and legal basis for the determination. The panel shall make it determination based upon the preponderance of the evidence.
(i) The panel shall mail a copy of its decision to the appellant.
(j) The panel shall refer its decision to the city council, which shall have the final authority to determine whether the building is a nuisance condition as set forth in section 249.30 and whether the building should be rehabilitated or razed. The panel's findings shall include the date and time of the hearing before the public safety and regulatory services committee. The regulatory, energy and environment committee may hear arguments from the appellants and from the department of regulatory services, but shall take no further evidence unless the committee determines that the new evidence is relevant, not duplicative, will aid the committee in making its determinations and has been submitted in a timely manner. The committee may, in lieu of hearing the new evidence, refer the matter back to the panel to hear the new evidence and develop the record. If the committee hears new evidence from the appellant or the department it shall ensure that the adverse party has an opportunity to respond to and, if appropriate, rebut such evidence and may, as appropriate, continue the matter in order to do so. (2006-Or-059, § 3, 5-26-06; 2013-Or-165, § 4, 12-6-13)
Source: City of Minneapolis, Minnesota, Code of Ordinances, City Charter and Park and Recreation Board Code of Ordinances (Municode Library, library.municode.com)URL: https://library.municode.com/mn/minneapolis/codes/code_of_ordinances?nodeId=COOR_TIT12HO_CH249VADWBUNUCO_249.45ABNUCOAPFetched: 11/2/2026