(A) Conduct constituting disorderly use. The following conduct by tenants or their guests on the registered premises is hereby deemed to be a disorderly use, if such conduct is in violation of any of the following statutes or ordinances. A determination that a rental dwelling has been used in a disorderly manner as described in this section shall be made upon a fair preponderance of the evidence to support such a determination. It is not necessary that criminal charges be brought in order to support a determination of disorderly use nor does the fact of dismissal or acquittal of such a criminal charge operate as a bar to adverse registration action under this section. Police contacts or incidents will not be deemed to be a disorderly use where there is a report of domestic abuse and the victim and suspect are “family or household members” defined in the state’s Domestic Abuse Act and where the victim is a resident of the dwelling unit.
(1) M.S. §§ 609.75 through 609.76, as they may be amended from time to time, which prohibit gambling;
(2) M.S. §§ 609.321 through 609.324, as they may be amended from time to time, which prohibit prostitution and acts relating thereto;
(3) M.S. §§ 152.01 through 152.025, and 152.027(1) and (2), as they may be amended from time to time, which prohibit the unlawful sale or possession of controlled substances;
(4) M.S. § 340A.401, as it may be amended from time to time, which prohibits the unlawful sale of alcoholic beverages;
(5) M.S. § 609.33, as it may be amended from time to time, which prohibits owning, leasing, operating, managing, maintaining or conducting a disorderly house or inviting or attempting to invite others to visit or remain in a disorderly house;
(6) Chapter 132 of this code, which prohibits noisy assemblies;
(7) M.S. §§ 97B.021, 609.66 through 609.67 and 624.712 through 624.716, as they may be amended from time to time, which prohibits the unlawful possession, transportation, sale or use of a weapon;
(8) M.S. § 609.72, as it may be amended from time to time, and Chapter 132 of this code which prohibits disorderly conduct, when the violation disturbs the peace and quiet of the occupants of at least one unit on the registered premises or other premises, other than the unit occupied by the person(s) committing the violation;
(9) M.S. §§ 609.221 through 609.224, as they may be amended from time to time, which prohibit assaults as defined in M.S. § 518B.01, as it may be amended from time to time;
(10) Violation of laws relating to contributing to need for protection or services or delinquency of a minor as defined in M.S. §§ 260B.425 and 260C.425, as they may be amended from time to time;
(11) Violations of this code which relate to animal noises and public nuisances;
(12) Any violation of the crime free/drug free addendum in reference to the following:
(a) Resident, any member of the resident’s household or a guest or other person under the resident’s control shall not engage in illegal activity;
(b) Resident or guest shall not engage in an act intended to facilitate illegal activity;
(c) Resident or member of the household will not permit the dwelling to be used for or to facilitate illegal activity; or
(d) Resident, or member of the household or a guest or other person under the resident’s control shall not engage in acts of violence or threats of violence.
(13) Any of the following part I or II crimes:
(a) Part I offenses (serious crime). Criminal homicide, forcible rape (and attempts to rape), robbery, aggravated assault, burglary/breaking and entering (including forcible entry, unlawful entry/no force, attempted forcible entry), larceny/theft, motor vehicle theft, and arson; or
(b) Part II offenses (less serious crime). Other assaults, forgery and counterfeiting, fraud, embezzlement, stolen property (buying, receiving and possessing), vandalism/destruction of property, weapons, prostitution and commercialized vice, narcotics drug laws, gambling, driving under the influence, disorderly conduct/disturbing the peace, sex offenses (inclusive of incest, indecent exposure, carnal abuse).
(14) M.S. § 609.505, as it may be amended from time to time, which prohibits falsely reporting a crime or providing false information to a peace officer;
(15) M.S. § 609.686, as it may be amended from time to time, which prohibits intentional false fire alarms, tampering with fire alarm systems and fire protection devices, stations, signal boxes or any auxiliary fire appliances;
(16) M.S. § 609.576, as it may be amended from time to time, which prohibits negligent fires resulting in injury or property damage. This includes dangerous smoking or negligent handling, extinguishing and disposal of smoking materials;
(17) Violations of the State Fire Code, Appendix K concerning the use of grills, barbeque pits, or other devices capable of emitting any fire or open flame on any deck, patio or balcony; or
(18) Violations of the State Fire Code, Section 901.8 concerning the removal, tampering with or otherwise disturbing any fire hydrant, fire detection, or fire alarm systems or other fire appliance. This includes the deliberate disabling or rendering as inoperative of any fire smoke detection or alarms, sprinklers, egress lighting or exit signage as required.
(B) Process following disorderly use. It shall be the responsibility of the registration holder to take appropriate action following disorderly use by tenants or their guests using or occupying the premises:
(1) First strike. Upon the occurrence of an alleged disorderly use, the Police or Fire Department shall inform the City Administrator or designee of the suspected disorderly use. The City Administrator or designee shall then send to the tenant, and registration holder, as appropriate, a written notice of the violation by mail. The registration holder shall be responsible to take action as appropriate to terminate the disorderly use.
(2) Second strike. If another instance of disorderly use takes place in the same unit or by the same tenant or guest within 12 months of an incident for which a notice in subsection (1) above was given, the Police or Fire Department shall inform the city administrator or designee of the alleged violation. The City Administrator or designee shall then send to the tenant, and registration holder, as appropriate, a written notice of the violation by mail. The registration holder shall be responsible to take action as appropriate to terminate the disorderly use.
(3) Third strike. If a third or more instance of disorderly use takes place in the same unit or by the same tenant or guest within 12 months of an incident for which a notice in subsections (1) or (2) above or this subsection was given, the city shall notify the registration holder by mail of the violation and shall also require the registration holder to immediately undertake the process necessary to remove the tenant from the property. If the registration holder fails to comply with the requirements of this section within 14 days, this constitutes a property owner violation under § 117.10(B)(5) of this chapter.
(C) Postponement of penalty. An action to revoke or not renew a registration based upon violations of this section may be postponed or discontinued at any time if it appears that the registration holder has taken appropriate measures which will prevent further instances of disorderly use. No adverse registration action shall be imposed where the instance of disorderly use of registered premises occurred during the pendency of eviction proceedings (unlawful detainer) or within 30 days of notice given by the registration holder to a tenant to vacate the premises, where the disorderly use was related to conduct by the tenant or by other occupants or guests of the tenant’s unit. Eviction proceedings shall not be a bar to adverse registration action, however, unless the registration holder diligently pursues them.
(D) Standard of review. A determination that the registered premises have been used in a disorderly manner as described in this section shall be made upon substantial evidence to support such a determination.
(E) Reapplication for revoked registration. Following the revocation of a registration for a unit, the property owner or former registration holder must wait for the expiration of the appropriate revocation term and then must apply for a new registration for the unit. Any unit revoked must be inspected at the property owner’s expense prior to the reissuance of a registration.
(Ord. 86, Seventh Series, passed 10-7-2019)