New Brighton, Minn., Code of Ordinances ch. 18, art. III § 18-310
Summary action
Operative Text
(a) Emergency. The building official has authority, under the state building code, to summarily condemn or close areas of a rental dwelling as the building official deems necessary, or may take other actions to protect the residents and general public as deemed necessary, when an emergency state exists. For the purposes of this section, an emergency state shall include a condition of the licensed property that gives rise to a nuisance, fire hazard, or other unsafe or dangerous condition that poses and imminent threat to the public health, sanitation, safety, or general welfare of the community. (b) Notice. Upon determination that a summary action will be taken, the building official will immediately contact the manager by the telephone number provided in the application and by email. Notice of summary action is also to be mailed to the licensee by certified mail and posted at the dwelling units or areas affected, and must describe the dwelling units or areas affected. No person shall remove the posted notice other than the building official or their designated representative. The notice shall include: (1) That the premises must be immediately vacated. (2) The basis and supporting evidence for the summary action. (3) The reason emergency action was necessary. (4) A list of any steps that may be taken in order to re-occupy. (5) The right, method, and timeline to request a hearing. (c) Posted to prevent occupancy. Whenever any rental dwelling is found to be in an emergency state, it shall be posted by the building official or their designated representative on the door of the rental dwelling to prevent further occupancy. No person, other than the building official or their designated representative, shall remove or alter any posting. The building official or their designated representative will post the date the rental dwelling shall be vacated and no person shall reside in, occupy, or cause to be occupied that rental dwelling until the building official or city council permits it. (d) Costs. The costs of any services performed by the city to address a condition which poses an immediate and serious hazard to the public health, safety or welfare, will be billed to the owner and the amount shall be immediately due and payable. If the owner fails to pay the bill, the total charges may be specially assessed in accordance with M.S.A. §§ 429.101 and 429.061, whichever may be applicable. (e) Appeal. Any person aggrieved by a summary action of the building official shall be entitled to appeal to the city council by filing a notice of appeal with the city manager or their designated representative within five days of the summary action. The city manager or their designated representative must schedule a date for a hearing before the city council and notify the aggrieved person of the date. The hearing will be conducted pursuant to the provisions of section 18-316 .
New Brighton Code of Ordinances ch. 18, art. III § 18-310 establishes a process by which the building official can take immediate, emergency action to condemn or close a rental dwelling when a dangerous condition—such as a fire hazard, nuisance, or other imminent threat to public health or safety—is found to exist. When such action is taken, formal notice must be posted on the property and sent to the property manager and licensee, describing the affected areas, the basis for the action, and the steps needed to return to occupancy. Residents must vacate immediately, and no one may re-enter or remove posted notices until the building official or city council authorizes it. Costs incurred by the city to address the hazard are billed directly to the owner and, if unpaid, may be specially assessed against the property under Minnesota law.
Plain English — not legal advice.
Under § 18-310, property owners and managers should maintain current contact information—including a working phone number and email address—in their rental license application, as the building official will use those details to provide immediate notice if a summary action is ever initiated. A compliant operator generally keeps rental dwellings free of conditions that could constitute a nuisance, fire hazard, or other imminent safety threat, reducing the risk of emergency condemnation. If a summary action does occur, the notice will specify steps that may be taken to restore occupancy, and an appeal to the city council can be filed within five days by submitting a notice of appeal to the city manager. Owners should also be aware that city costs for addressing the hazardous condition are billed directly to them and may be specially assessed against the property if left unpaid.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 18-310 gives tenants the right to receive notice when a summary action is taken affecting their dwelling unit, including information about which areas are affected, why emergency action was necessary, and what steps may allow re-occupancy. Tenants should not remove or alter any posting placed by the building official, as doing so is prohibited under this provision. Any person aggrieved by a summary action—which can include affected residents—has the right to appeal to the city council by filing a notice of appeal with the city manager within five days of the action. Tenants who have questions about their rights during a displacement caused by a summary action under § 18-310 may wish to consult a tenant-rights organization or legal aid service familiar with New Brighton ordinances.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated November 13, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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