A. Disorderly Premises: It is the responsibility of the registration holder to require and ensure that occupants of the registered premises conduct themselves in such a manner as to not cause the premises to be disorderly or to be used, occupied or maintained in violation of law, code, statute or ordinance. For purposes of this section, a rental unit is disorderly and in violation of law, code, statute or ordinance when any of the following activities occurs in, on or at the registered premises:
1. Drug-related illegal activity occurring in or near the rental dwelling unit. Drug-related illegal activity means the illegal possession or constructive possession, manufacture, sale, distribution, purchase, use or possession with intent to manufacture, sell or distribute a controlled substance, as defined in the Controlled Substance Act (21 USC section 802), or possession of drug paraphernalia per Minnesota Statutes section 152.092.
2. Any act of violence or threat of violence including, but not limited to, the discharge of firearms, prostitution, intimidation or any other act that otherwise jeopardizes the health, safety or welfare of the owner, agent, manager, other tenants, tenant's family members, guests or neighboring property owners.
3. Minnesota Statutes, section 609.75 through section 609.76 (prohibiting gambling).
4. Minnesota Statutes, section 609.321 through section 609.324 (prohibiting prostitution and acts relating thereto).
5. Minnesota Statutes, section 152.01 et seq., which prohibits the unlawful sale or possession of controlled substances.
6. Minnesota Statutes, section 340A.401, which prohibits the unlawful sale of alcoholic beverages.
7. Minnesota Statutes, section 340A.503, which prohibits the underage use of alcoholic beverages.
8. Title 4, chapter 1 of this Code, which prohibits nuisances.
9. Minnesota Statutes, section 97B.021, Minnesota Statutes, section 97B.045, Minnesota Statutes, section 609.66 through section 609.67 and Minnesota Statutes, section 624.712 through section 624.716 prohibiting the unlawful possession, transportation, sale or use of a weapon.
10. Minnesota Statutes, section 609.72, which prohibits disorderly conduct, when the violation disturbs the peace and quiet of the occupants of at least one unit on the licensed premises or other premises, other than the unit occupied by the person(s) committing the violation.
11. Minnesota Statutes, section 609.185 through section 609.205, which prohibit murder and manslaughter.
12. Minnesota Statutes, section 609.221 through section 609.2231, which prohibit assault.
13. Minnesota Statutes, section 609.342 through section 609.3451, which prohibit criminal sexual conduct.
14. Minnesota Statutes, section 609.52, which prohibits theft.
15. Minnesota Statutes, section 609.561 through section 609.5632, which prohibit arson.
16. Minnesota Statutes, section 609.582, which prohibits burglary.
17. Minnesota Statutes, section 609.595, which prohibit damage to property.
18. Laws relating to contributing to the need for protection or services or delinquency of a minor as defined in Minnesota Statutes, section 260C et seq.
19. Minnesota Statutes, section 609.33, relating to 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.
20. Minnesota Statutes, section 609.50, which prohibits obstructing the legal process.
21. Minnesota Statutes, section 609.713, which prohibits terroristic threats.
22. Minnesota Statutes, section 609.715, which prohibits presence of unlawful assembly.
23. Minnesota Statutes, section 609.71, which prohibits riot.
24. Minnesota Statutes, sections 609.226, 347.52, 347.542, relating to dangerous dogs.
25. Minnesota Statutes, section 609.78, which prohibits interfering with "911" phone calls.
26. Minnesota Statutes, section 243.166 (Predatory Offender Registration).
27. Minnesota Statutes, section 609.229 (crime committed for benefit of a gang).
28. Minnesota Statutes, section 609.26, subdivision 1(8) (causing or contributing to a child being a runaway).
29. Minnesota Statutes, section 609.903 (racketeering).
30. Minnesota Statutes, section 609.53 (possession of stolen property).
31. Minnesota Statutes, section 609.749 which prohibits a violation of a restraining order or order for protection.
32. Minnesota Statutes, section 609.255 (false imprisonment) and Minnesota Statutes, section 609.25 (kidnapping).
33. Conduct which constitutes a violation of any other Federal, State or local code, ordinance or regulation which is reasonably likely to annoy, harass or threaten the tenants, occupants, guests or visitors of rental units, or residents, occupants, guests or visitors of neighboring properties.
B. Enforcement And Administration: Personnel directed by the Administrator shall be responsible for the enforcement and administration of this section.
C. Violations:
1. Upon determination that a registered premises was involved in a violation of subsection A of this section, the City shall notify the registration holder by first class mail of the violation, direct the registration holder to take steps to prevent further violations, and issue a fine of up to two hundred dollars ($200.00) to the registration holder. The fine shall be paid within fifteen (15) days after notification is issued. If the registration holder fails to pay the fine, the registration for the individual registered premises may be denied, revoked, suspended, or not renewed by the City Council, as provided in section 9-2-17 of this chapter. The registration holder may appeal the violation determination, as provided in subsection C4 of this section.
2. Upon a second violation within twelve (12) months of subsection A of this section involving the registered premises, the City shall notify the registration holder by first class mail of the violation and require the registration holder to submit a written report of the action taken to prevent further violations on the premises, as well as issue a fine of up to four hundred dollars ($400.00) to the registration holder. The written report shall be submitted to the Administrator within fifteen (15) days of request of the report and shall detail all actions taken by the registration holder in response to all notices regarding violations to subsection A of this section within the preceding twelve (12) months. The fine shall be paid within fifteen (15) days after notification is issued. If the registration holder fails to comply with the requirements, the registration for the individual registered premises may be denied, revoked, suspended, or not renewed by the City Council, as provided in section 9-2-17 of this chapter. The registration holder may appeal the violation determination, as provided in subsection C4 of this section.
3. If a third or subsequent violation of subsection A of this section occurs at the registered premises within twelve (12) months after any two (2) previous instances for which notices were sent to the registration holder regarding the same registered premises, the registration for the individual registered premises may be denied, revoked, suspended, or not renewed by the City Council, as provided in section 9-2-17 of this chapter. The registration holder may appeal the violation determination, as provided in subsection C4 of this section.
4. Any registration holder aggrieved by a violation of this section shall have the right to appeal the determination to the City Council. Such appeal shall be requested by submitting a written notice of appeal to the Administrator within fifteen (15) days after notification is issued. During the appeals process, the deadline for any requirements shall be stayed. The appeal will be heard by the City Council at its next meeting, occurring at least fifteen (15) days after the filing of the notice of appeal, at which time the registration holder, local property manager for the registration holder, or an attorney representing them, may appear and make a presentation to the City Council. After the hearing, the Council may uphold, reverse, or modify the determination based upon the provisions of this chapter and upon the protection of the public health, sanitation, safety or general welfare of the community at large or the residents of rental units within the City. The City Council shall issue written findings and determination within thirty one (31) days of the hearing. If the City Council upholds the original determination, the registration holder shall be notified by first class mail of any outstanding requirements and be provided fifteen (15) days from the date of the notification to complete said requirements. If the registration holder fails to comply with the requirements, the registration for the individual registered premises may be denied, revoked, suspended, or not renewed by the City Council, as provided in section 9-2-17 of this chapter.
5. No adverse registration action may be imposed where the violation of this section occurred during the pendency of unlawful detainer eviction proceedings brought under Minnesota Statutes, section 504B, within thirty (30) days of notice given by the registration holder to a tenant to vacate the premises at which the violation occurred, or when a court has refused to order a tenant's eviction. Unlawful detainer eviction proceedings or a notice to vacate the premises will not, however, bar adverse registration action unless diligently pursued by the registration holder. Action to deny, revoke, suspend or not renew registration for violation of this section may be postponed or dismissed by the City Council at any time if it appears to the Council that the registration holder has taken appropriate remedial action.
6. The standard of proof to be used in determinations as to conduct constituting violations under this section is a fair preponderance of evidence in support of such a determination. It is not necessary that criminal charges be brought to support a determination of violation of this section, nor shall the fact of dismissal or acquittal of such a criminal charge operate as a bar to adverse registration action.
7. For the purpose of this chapter, a violation under this section includes violations by the rental unit renters or occupants, or by their visitors or guests, in or at the rental property, including anywhere on the property grounds and premises of an apartment building, home or mobile home park at which the rental unit is situated. (Ord. 151, 9-10-2018)