RILEY, Chief Judge.
DRB #24, LLC and 701 Newton Avenue North, Minneapolis, Minnesota (collectively DRB), brought suit challenging the City of Minneapolis's (city) vacant building registration fee. The district court,
The city imposes an annual vacant building registration fee on owners of vacant buildings "to recover all costs incurred by the city for monitoring and regulating vacant buildings, including nuisance abatement, enforcement and administrative costs." Minneapolis Code of Ordinances (M.C.O.) § 249.80(j)(1). If unpaid, the city can levy and collect the fee as a special assessment against the property pursuant to the procedures in M.C.O. § 227.100. See id. § 249.80(j)(3).
DRB owns a vacant building in Minneapolis and for several years has failed to pay the vacant building registration fee. On June 16, 2011, DRB received notice the city intended to assess $6,550 for DRB's
On cross motions for summary judgment, the magistrate judge recommended granting judgment in favor of the city, concluding the city had provided DRB with proper notice of the assessments and DRB did not bring its challenges to the assessments within the statutory thirty-day appeal period. The district court, adopting this recommendation, granted summary judgment in the city's favor.
We review the district court's summary judgment rulings de novo. See Stein v. Chase Home Fin., LLC, 662 F.3d 976, 979 (8th Cir.2011). This case involves the interpretation of state statutes and city ordinances, which we read for their plain and ordinary meanings in the context used. See Am. Fam. Ins. Grp. v. Schroedl, 616 N.W.2d 273, 277 (Minn.2000).
Minn.Stat. § 429.081 provides: "Within 30 days after the adoption of the assessment, any person aggrieved ... may appeal to the district court.... All objections to the assessment shall be deemed waived unless presented on such appeal. This section provides the exclusive method of appeal from a special assessment levied pursuant to this chapter." DRB does not contest the application of this thirty-day deadline to its statutory claims and has stipulated that it did not appeal its case in accordance with § 429.081. The critical issue on appeal is whether the city had jurisdiction to levy the fees.
Under Minnesota law, a municipality lacks jurisdiction to levy a special assessment unless it gives proper notice. See Klapmeier v. Town of Ctr. of Crow Wing Cnty., 346 N.W.2d 133, 136 (Minn. 1984) ("Proper notice of assessment proceedings is a jurisdictional prerequisite to any action by the town board."). DRB contends the notice it received from the city was defective and, as such, the thirty-day appeal period in § 429.081 never began to run. See, e.g., Sykes v. City of Rochester, 787 N.W.2d 192, 197 (Minn.Ct. App.2010).
As a threshold matter, we must determine whether the notice provisions of Minn.Stat. § 429.061, subdiv. 1 or M.C.O. § 227.100(d) govern the city's assessment. Although DRB claims the state statute must govern because it preempts the city ordinance, the Minnesota state legislature explicitly gave Minneapolis the option either to enact special assessments under its charter or apply the assessment procedures outlined in Chapter 429 of the Minnesota Statutes. See 1969 Minn. Laws, ch. 499, sec. 1.
DRB claims the city's notice was inadequate under M.C.O. § 227.100 because it did not disclose the basis for the fee or the existence of deferment procedures. We disagree.
The city's notice of its intent to assess the fee must disclose the "amount and basis for the costs." M.C.O. § 227.100(d). The 2011 Notice of Intent to Assess specified: "VACANT BUILDING REGISTRATION FEE Total cost is: $6,550.00" and the 2012 Notice declared: "VACANT BUILDING REGISTRATION... Total cost is: $6,746.00."
DRB argues these notices do not adequately disclose the basis of the fees because they do not provide a "foundation, development, calculation, or explanation" of the fees, but the ordinance does not require a detailed calculation or explanation. The district court correctly reasoned, "The term `basis for the costs' is most reasonably interpreted in this situation to mean a description of what the costs are for, not a thorough calculation of or justification for the [fee]." Notice of a special assessment is required to give the individual being assessed "an opportunity to question the validity of the amount of the assessment." Meadowbrook Manor, Inc. v. City of St. Louis Park, 258 Minn. 266, 104 N.W.2d 540, 543 (1960). The phrase "vacant building registration" was sufficient to give DRB notice of the basis for the fee so DRB could determine the fee's validity and challenge the application of the fee at an administrative hearing.
When giving notice of its intent to assess a vacant building registration fee, the city must also "inform the owner of... the existence of any deferment procedure." M.C.O. § 227.100(d). Both the notices of intent to assess informed:
DRB argues this language was insufficient because it did not disclose the circumstances under which the fee could be "waived or suspended," see id. § 249.80(j)(1) ("This fee may be waived or suspended for the current year as a term or condition of a written restoration agreement or order issued pursuant to section 249.50.").
Fundamental rules of statutory construction compel us to reject DRB's argument. "`[W]hen different words are used in the same context, we assume that the words have different meanings.'" State v. Nelson, 842 N.W.2d 433, 439 (Minn. 2014) (quoting Dereje v. State, 837 N.W.2d 714, 720 (Minn.2013)); accord Johnson v. Paynesville Farmers Union Co-op. Oil Co., 817 N.W.2d 693, 709 (Minn.2012). Here, the M.C.O. uses "defer" in some provisions, and "waiver" or "suspension" in
The city gave proper notice of its intent to assess the vacant building registration fees. By failing to appeal its claims within thirty days after the assessment was levied, in compliance with Minn.Stat. § 429.081, DRB waived its substantive attacks on the fees.
DRB finally argues its common law claims of fraud, misrepresentation, and unjust enrichment
We affirm the decision of the district court.