(A) Purpose. It is the intent of the City Council to collect from the owner of a property, the city’s costs for excessive law enforcement services when those excess costs are spent to abate a nuisance on the property. The collection of the costs for such excess law enforcement services shall be by assessment against the property on which the nuisance, or activity constituting the nuisance, occurs.
(B) Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
EXCESSIVE LAW ENFORCEMENT AND NUISANCE ENFORCEMENT SERVICES. Those services provided at a specific property address after three or more verified incidents of separate nuisance events had occurred in a prior year time period, where the owner was notified in writing that subsequent nuisance incidents would result in a fee being charged for excessive consumption of those services, and where the owner had been provided with 30 days following notice of nuisance incidents to abate the nuisance.
NUISANCE. One or more of the following behavioral incidents occurring or committed within a building:
(1) Prostitution or prostitution-related activity committed within the building;
(2) Gambling or gambling-related activity committed within the building;
(3) Maintaining a public nuisance in violation of M.S. § 609.74(1) or (3), as it may be amended from time to time;
(4) Permitting a public nuisance in violation of M.S. § 609.745, as it may be amended from time to time;
(5) Unlawful sale, possession, storage, delivery, giving, manufacture, cultivation, or use of controlled substances committed within the building;
(6) Unlicensed sales of alcoholic beverages committed within the building in violation of M.S. § 340A.401, as it may be amended from time to time;
(7) Unlawful sales or gifts of alcoholic beverages by an unlicensed person committed within the building in violation of M.S. § 340A.503, subd. 2(1), as it may be amended from time to time or unlawful consumption or possession within the building by persons under the age of 21 years in violation of M.S. § 340A.503, subd. 1 and 3, as it may be amended from time to time;
(8) Unlawful use or possession of a firearm in violation of M.S. §§ 609.66, subd. 1a, 609.67 or 624.713, as they may be amended from time to time committed within the building;
(9) Violation by a commercial enterprise of local or state business licensing regulations, ordinances, or statutes prohibiting the maintenance of a public nuisance as defined in M.S. § 609.74, as it may be amended from time to time or the control of a public nuisance as defined in M.S. § 609.745, as it may be amended from time to time;
(10) Actions which constitute a violation of M.S. § 609.72, as it may be amended from time to time relating to disorderly conduct; or
(11) Actions which constitute a public nuisance under local, state, or federal laws.
(C) Notice.
(1) If the Police Chief or his or her designee has reason to believe that a nuisance has occurred, or is maintained or permitted in a building, or on a property, and intends to seek reimbursement for law enforcement services rendered in the future in connection with such nuisance or activities creating a nuisance, he or she shall provide a written notice as required in this section to the owner and each interested party known to him or her.
(2) The written notice shall:
(a) State that a nuisance as defined in this chapter has occurred, or is maintained or permitted in the building, and specify the kind or kinds of nuisance which has occurred, or is being maintained or permitted;
(b) Summarize the evidence that a nuisance has occurred, or is maintained or permitted in the building, including the date or dates on which nuisance-related activities have occurred or were maintained or permitted, provided, however, that one or more Sheriff’s reports can be used to satisfy this requirement; and
(c) Inform the recipient of the notice that he or she has 30 days to abate the conduct constituting the nuisance, and to take steps to make sure that actions constituting a nuisance will not re-occur, if, after 30 days from the date of service of the notice, the nuisance re-occurs, or actions or conduct constituting a nuisance take place, the city may in its discretion impose the costs of law enforcement services in abating or attempting to abate such nuisance or nuisance-related activities, and the costs will be collected by assessment against the building as defined.
(D) Service of notice. The written notice shall be served by personal service, or by first class mail on the owner and all interested parties known to the Chief of Police or his or her designee, at the last known address for each such person or persons.
(E) Liability for costs. If, within the period commencing 31 days after a written notice is served pursuant to this chapter and continuing for one year thereafter, a nuisance occurs or is maintained or permitted in the building, and law enforcement services are rendered to abate or attempt to abate such nuisance, the costs of providing such law enforcement services within the said one year shall be assessed against the building and collected as provided in this section. The costs for providing excess law enforcement services shall include but not be limited to $100 for the first incident, $200 for the second incident and $300 for each excessive use of services incident thereafter, the prorata cost of all equipment and property damaged in responding to such nuisance or nuisance-related activities, and the cost of any medical treatment of injured law enforcement officers.
(F) Assessment of costs. The Police Department shall maintain a record of each law enforcement visit in response to nuisance activities. The cost of providing such services includes, but is not limited to, the prorata cost of all materials and equipment including vehicles, the cost of repairs to any city equipment and property damaged in responding to such nuisance activities, and the cost of any medical treatment of any injured law enforcement officers. These costs shall be recalculated from time to time. In addition to maintaining a record of each law enforcement visit, the Department shall maintain a record on individual properties of law enforcement services attributable to nuisances occurring after written notice has been sent to the owner and interested persons. The Police Chief shall report such information to the City Clerk or his or her designee. The cost may be assessed in accordance with the procedure provided in M.S. § 429.101, as it may be amended from time to time.
(G) Appeal. Within 20 days after adoption of the resolution adopting the service charges, any person aggrieved may appeal to the District Court.
(H) Statutory compliance. This section is intended to comply with M.S. § 504B.205, as it may be amended from time to time; nothing in this section is intended impair a residential tenant’s right to seek the assistance of law enforcement or emergency assistance.
(Ord. passed 4-6-2016; Ord. 2018-2, passed 1-10-2018)