Winona, Minn., City Code ch. 33A (2026) § 33A.12

33A.12 - NOTICES AND ORDERS OF THE BUILDING OFFICIAL
(a)   Commencement of Proceedings. When the Building Official or Building Inspector
           has inspected or caused to be inspected a building and has found and
           determined that such building is a substandard building, the building official shall
           commence proceedings to cause the repair, rehabilitation, vacation or demolition
           of the building.

     (b)   Notice and Order. The Building Official or Building Inspector shall issue a notice
           and order directed to the owner of record of the building. The notice and order
           shall contain the following:

           1.     The street address and a legal description sufficient for identification of
                  the premises upon which the building is located.

           2.     A statement that the Building Official or Building Inspector has found the
                  building to be substandard, with a brief and concise description of the
                  conditions found to render the building substandard under the provisions
                  of this chapter.

           3.     A statement of the action required to be taken as determined by the
                  Building Official or Building Inspector.

           3.1    If the Building Official or Building Inspector has determined that the
                  building or structure must be repaired, the order shall require that all

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required permits be secured therefore and the work physically
             commenced within such time (not to exceed 60 days from the date of the
             order) and completed within such time as the Building Official or Building
             Inspector shall determine is reasonable under all of the circumstances.

      3.2    If the Building Official or Building Inspector has determined that the
             building or structure must be vacated, the order shall require that the
             building or structure shall be vacated within a certain time from the date of
             the order as determined by the building official to be reasonable.

      3.3    If the Building Official or Building Inspector has determined that the
             building or structure must be demolished, the order shall require that the
             building be vacated within such time as the Building Official or Building
             Inspector shall determine reasonable (not to exceed 60 days from the
             date of the order), that all required permits be secured therefore within 60
             days from the date of the order and that the demolition be completed
             within such time as the Building Official or Building Inspector shall
             determine is reasonable.

      4.     Statements advising that if any required repair or demolition work (without
             vacation also being required) is not commenced within the time specified,
             the Building Official or Building Inspector (i) will order the building vacated
             and posted to prevent further occupancy until the work is completed and
             (ii) may proceed to cause the work to be done and charge the costs
             thereof against the property or its owner.

      5.     Statements advising (i) that any person having any record title or legal
             interest in the building may appeal from the notice and order or any action
             of the Building Official or Building Inspector to the housing appeals board,
             provided the appeal is made in writing as provided in this chapter, and
             filed with the Building Official or Building Inspector within 30 days from the
             date of service of such notice and order, and (ii) that failure to appeal will
             constitute a waiver of all right to an administrative hearing and
             determination of the matter.

(c)   Service of Notice and Order. The notice and order, and any amended or
      supplemental notice and order, shall be served upon the owner of record, and
      posted on the property; and one copy thereof shall be served on each of the
      following if known to the Building Official or Building Inspector or disclosed from
      official public records: the holder of any mortgage or deed of trust or other lien or
      encumbrance of record, the owner or holder of any lease of record, and the
      holder of any other estate or legal interest of record in or to the building or the
      land on which it is located. The failure of the Building Official or Building
      Inspector to serve any person required herein to be served shall not invalidate
      any proceedings hereunder as to any other person duly served or relieve any
      such person from any duty or obligation imposed by the provisions of this
      section.

(d)   Method of Service. Service of the notice and order shall be made upon all
      persons entitled thereto either personally or by mailing a copy of such notice and
      order by certified mail, postage prepaid, return receipt requested, to each such
      person at their address as it appears on the last equalized assessment roll of the

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county or as known to the building official. If no address of any such person so
      appears or is known to the building official, then a copy of the notice and order
      shall be so mailed, addressed to such person, at the address of the building
      involved in the proceedings. The failure of any such person to receive such
      notice shall not affect the validity of any proceedings taken under this section.
      Service by certified mail in the manner herein provided shall be effective on the
      date of mailing.

(e)   Proof of Service. Proof of service of the notice and order shall be certified to at
      the time of service by a written declaration under penalty of perjury executed by
      the person effecting service, declaring the time, date and manner in which
      service was made. The declaration, together with any receipt card returned in
      acknowledgement of receipt by certified mail, shall be affixed to the copy of the
      notice and order retained by the Building Official or Building Inspector.

(f)   Recordation of Notice and Order. If compliance is not had with the order within
      the time specified therein, and no appeal has been properly and timely filed, the
      building official shall file in the office of the county recorder a certificate
      describing the property and certifying (i) that the building is a substandard
      building and (ii) that the owner has been so notified. Whenever the corrections
      ordered shall thereafter have been completed or the building demolished so that
      it no longer exists as a substandard building on the property described in the
      certificate, the building official shall file a new certificate with the county recorder
      certifying that the building has been demolished or all required corrections have
      been made so that the building is no longer substandard, whichever is
      appropriate.

(g)   Repair, Vacation and Demolition. The following standards shall be followed by
      the Building Official or Building Inspector (and by the housing appeals board if an
      appeal is taken) in ordering the repair, vacation or demolition of any substandard
      building or structure:

      1.      Any building declared a substandard building under this chapter shall be
              made to comply with one of the following:

      1.1     The building shall be repaired in accordance with the current Building
              Code or other current code applicable to the type of substandard
              conditions requiring repair.

      1.2     The building shall be demolished at the option of the building owner.

      1.3     If the building does not constitute an immediate danger to the life, limb,
              property or safety of the public, it may be vacated, secured and
              maintained against entry.

      2.      If the building or structure is in such condition as to make it immediately
              dangerous to the life, limb, property or safety of the public or of the
              occupants, it shall be ordered to be vacated

(h)   Notice to Vacate. Every notice to vacate shall, in addition to being served as
      provided in Section 12(c) of this chapter shall be posted at or upon each exit of
      the building, and shall be in substantially the following form:

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DO NOT ENTER
                                   UNSAFE TO OCCUPY

                        It is a misdemeanor to occupy this building
                              or to remove or deface this notice.

                                   Inspection Division

     (i)   Compliance. Whenever such notice is posted, the Building Official or Building
           Inspector shall include a notification thereof in the notice and order issued under
           Section 12 (b) of this chapter reciting the emergency and specifying the
           conditions that necessitate the posting. No person shall remain in or enter any
           building that has been so posted, except that entry may be made to repair,
           demolish or remove such building under permit. No person shall remove or
           deface any such notice after it is posted until the required repairs, demolition or
           removal has been completed and a certificate of occupancy issued pursuant to
           the provisions of the Building Code. Any person violating this subsection shall be
           guilty of a misdemeanor.