(A) The city has established a rental owner educational program consistent with the Minnesota Crime Free Multi-housing Program. This educational program will include, but is not limited to information such as: applicant screening, rental agreements, identification of illegal activity, eviction process, the roles of working with the police, crime prevention, code enforcement and public health, licensing and inspections, and active property management. The following are requirements of the program:
(1) All owners or operators must attend one of these regularly-scheduled seminars within one year of the issuance of a new rental license.
(2) Owners or operators possessing rental licenses issued prior to the enactment of this section will be required to attend the Crime Free Housing Program within one year of the renewal their rental license.
(3) The owner or operator of a property notified of a third instance of disorderly use under § 117.49 will be required to attend the next available Brooklyn Park Crime Free Housing Program to maintain their rental license.
(4) Program attendees will be required to pay a participation fee in an amount determined to cover the direct cost of the program.
(B) An owner whose only rental dwelling is a single-family dwelling homesteaded by a relative is exempted from the program.
(C) All tenant leases signed following the enactment of this section, except for state-licensed residential facilities and subject to all preemptory state and federal laws, shall contain the following Crime Free Housing Addendum language:
(1) Resident, any members of the resident's household or a guest or other person affiliated with resident shall not engage in criminal activity, including drug-related criminal activity, on or near the premises.
(2) Resident, any members of the resident 's household or a guest or other person affiliated with resident shall not engage in any act intended to facilitate criminal activity, including drug-related criminal activity, on or near the premises.
(3) Resident or members of the household will not permit the dwelling unit to be used for, or to facilitate criminal activity, including drug-related criminal activity, regardless of whether the individual engaging in such activity is a member of the household, or a guest.
(4) Resident, any member of the resident's household or a guest, or other person affiliated with the resident shall not engage in the unlawful manufacturing, selling, using, storing, keeping, or giving of a controlled substance at any locations, whether on or near the premises or otherwise.
(5) Violation of the above provisions shall be a material and irreparable violation of the lease and good cause for immediate termination of tenancy.
(6) The term DRUG RELATED CRIMINAL ACTIVITY means the illegal manufacture sale, distribution, use, or possession with intent to manufacture, sell, distribute, or use of a controlled substance or any substance represented to be drugs (as defined in Section 102 of the Controlled Substance Act [21 U.S.C. 802]).
(7) Non-exclusive remedies. The Crime Free Housing Addendum language is in addition to all other terms of the lease and does not limit or replace any other provisions.
(D) Upon determination by the City Manager that a licensed premises or unit within a licensed premises was used in violation of the Crime Free Housing Addendum language, the City Manager shall notify the owner and property manager of the violation. The owner or property manager shall notify the tenant or tenants within ten days of the notice of violation of the Crime Free Housing Addendum language and proceed with the termination of the tenancy of all tenants occupying the unit. The owner shall not enter into a new lease with the evicted tenant for a period of one year after the eviction. If the owner or property manager fails to comply with this section, the City Manager may initiate an action to deny, revoke, suspend, or not renew the license following the same process as outlined in § 117.49(E)(2) - (5).
(Ord. 208-1090, passed 7-7-08; Am. Ord. 2016-1208, passed 9-26-16)