The City of Minneapolis hands out around 250 violations each year.

The most absurd part: it may not even be your retaining wall to be fixing.

It may seem shocking when a resident property owner receives a notice of an ordinance violation from the local municipality in the mail to repair or replace a failing retaining wall, with the added citation threats of do it or face "possible legal action" or even "we'll fix it and then we'll assess your taxes for the cost" if you don't comply. That's enough to scare most homeowners into compliance. Retaining wall repairs can cost $1,000 on the low end some replacements can run $350,000 or more, and the wall can exceed the value of the house, depending on circumstances. If all this is not enough then consider the most absurd part: The wall may not be yours to be fixing the first place. 
 

CITY FAILS TO INFORM PROPERTY OWNERS

What the municipality tells you may be less important than what they don't tell you. Take the City of Minneapolis, for example, and their misapplication of their own housing maintenance code 244.1590. Through this code violation the City demands that a recipient repair or replace the retaining wall. But, the City fails to disclose the wall may not even be on private property but rather is in the City's own exclusive public right-of-way or that the City's street or sidewalk grading caused the need for the retaining wall in the first place. In both cases, this makes the retaining wall the City's maintenance obligation, not the tagged homeowner. The violation notices don't share this critical information with recipients, making it nearly impossible for the average property owner to object to the violation.  
 

MINNEAPOLIS LOSES CASE ON THIS ISSUE

After losing a costly court case and being ordered to fix their $90,000 retaining wall in their own public right-of-way, the City of Minneapolis has been re-schooled in retaining wall law. The City was wrong in their application of this ordinance from the start and wasted hundreds of thousands of dollars of taxpayer money and precious municipal resources fighting for over 5 years using misguided legal theories on the case. Over the years, hundreds of unsuspecting Minneapolis property owners have been cited and forced to fix retaining walls that may not be theirs to fix. Records indicate over 700 property owners during the 2006 to 2010 period have been ordered to fix retaining walls. Based on our preliminary analysis of those records, we believe 50% or more of the property owners cited may not be responsible. The City of Minneapolis reaps the financial benefits of their wrong application of the ordinance. Property owners put up zero resistance. Conservative estimates put the City's exposure at $50 million when they have to cease this sneaky practice. 

DID YOU GET A VIOLATION SUCH AS AN MINNEAPOLIS 244.1590 MAINTENANCE CODE ORDER AND DID YOU ALREADY PAY FOR THE REPAIR BILL?

Is the retaining wall:

  • In or along the public right-of way.
  • Supporting your uphill property.
  • Abuts the public sidewalk.
  • Appears to have been necessitated by street or sidewalk grading by the city when earth was leveled by the downhill property (or right-of-way).

If you paid and 6 years or less have lapsed, then you are in a better position to seek a remedy and we may be able to help.

DID YOU RECENTLY RECEIVE A MINNEAPOLIS CODE OF ORDINANCES 244.1590 (OR SIMILAR) ORDER BUT HAVE NOT YET PAID?

Is the retaining wall:

  • In or along the public right-of-way.
  • Supporting your uphill property.
  • Abuts the public sidewalk.
  • Appears to be from street or sidewalk grading from downhill property (right-of-way).
     

We may be able to help.

A few common neighborhood retaining walls for illustrative purposes.  Property owners aren't told it may not be theirs to fix when they receive a 244.1590 code violation notice from the City of Minneapolis because the wall may not be on their property or that it's the City's obligation.  

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Typical NE Minneapolis Walls
Typical NE Minneapolis Walls

Many NE Minneapolis retaining wall properties have received 244.1590 violations from the City of Minneapolis.  But, a combination of property boundaries and likely street grading point to the walls being the City's duty, not the homeowners' due to a misapplication of the ordinance.  Owners blindly pay for expensive repairs when they aren't adequately told otherwise.

Common City Sidewalk
Common City Sidewalk

This entire block has retaining walls in or along the public right-of-way created by likely street grading decades ago.

City Tagged for $90,000 Retaining Wall in Right-of-Way
City Tagged for $90,000 Retaining Wall in Right-of-Way

Minneapolis issued a violation to an uphill owner to "repair or replace"  this public retaining wall.  The wall is 8' in the City's public right-of-way, and Minneapolis' early street grading created the need for it.   A court ordered the City to pay for the $90,000 wall.  The City fought for 5 years, and taxpayers funded the excessive losing litigation costs.

Corner Lot
Corner Lot

This corner lot has a large retaining wall that provides support to the uphill owner.  It is very probable that street and sidewalk grading by the city created the need for this wall that is located in the public right-of-way.  Retaining walls like this support numerous uphill properties on this hilly block. Under these facts, the excavator (city) owes the uphill owner (private property) the retaining wall, not vice versa.

 

 

Commercial Property
Commercial Property

Street grading in and along right-of-way most likely created the need for these big retaining walls at these multifamily housing buildings on hilly slope.  Churches, hospitals, cemeteries, schools and condos are entitled to retaining wall support from city excavating just like a private homeowner.

Wall Supports Uphill Property
Wall Supports Uphill Property

A common-looking retaining wall in the municipal right-of-way that supports the uphill private property.  Early street excavating likely cut away the slope so the city could install streets and sidewalks along this entire sloped block.  With these facts, the excavator (downhill, city) would remain responsible for the retaining wall to the uphill property, not vice versa. 

Retaining Walls in Right-of-Way
Retaining Walls in Right-of-Way

Retaining walls in or along a city right-of-way that appear to be the result of street and sidewalk grading from downhill (city) right-of-way.  Note that retaining walls support uphill private properties on this block and city would likely be responsible for maintenance when it results from grading and is in the or along right-of-way, and are not the proper subject of a violation order.

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